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History of Maryland, 



BRIEF BIOGRAPHIES OF DISTINGUISHED STATESMEN, 
PHILANTHROPISTS, THEOLOGIANS, ETC., 



The Constitution of the State. 



PREPARED FOR THE SCHOOLS OF MARYLAND. 






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PUBLISHED BY E. II. BUTLER & CO. 



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PREFACE 



The province of a text-book in History designed for 
use in schools is to present briefly and clearly historical 
facts uncolored by personal prejudice. 

While it is possible in a book of this description to 
preserve a due regard for the " logic of events," and to 
render the story to a certain degree attractive, yet much 
that is of interest in biography, in incident, and in de- 
scriptions of manners and customs will, of necessity, be 
omitted. All that should be reasonably expected will 
have been accomplished, if, in addition to a knowledge 
of the outlines of History imparted by a work of this 
kind, the desire is awakened for more extended in- 
formation concerning the characters and events there- 
in mentioned or described. 

In accordance with these ideas, the author has written 
this History of Maryland, bringing to the task an ex- 
tended public-school experience. He has also been for- 
tunate in having the advice and assistance of the Hon. 
George Colton of Baltimore',, whose intimate knowledge 
of the history of the State' \tili afford a guarantee of the 
general correctness of the work. 



Copyright, 1886, by E. H. BUTLER & CO. 



CONTENTS 



CHAPTER 
1606-1632. 



PAGE 

London and Plymouth Companies.— Jamestown. — Governments: 
royal, charter, proprietary. — Sir George Calvert.— Attempt 
to settle Newfoundland. — Application for a grant on the 
Chesapeake. — His death.— Cecilius Calvert. — Patent obtained 
for Maryland.— Limits of territory.— Character of charter . 11 



CHAPTER 11. 

1633-1634. 

Sailing of the Ark and the Dove. — Character of the colonists. — 
Touching at Jamestown.- Sailing up the Potomac. — Visit 
to the "emperor" at Piscataway. — Selection of a site. — 
Settlement of St. Mary's. — Indian tribes. — Description of 
country. — Grant to Sir Edmund Plowden. — Colony at Cape 
May 16 



CHAPTER III. 

1634-1637. 

Disturbances with the Indians. — First legislative assembly. — 
Conflict with the Kent Islanders. — Claiborne's proceedings. — 
"Conditions of Plantation." — Redemptioners. — Progress of 
settlement. — Growth of St. Mary's. — First regular records. 

—Kent Island 21 

5 



6 CONTENTS. 

CHAPTER IV. 
1638-1639. 

PAGE 

St. George's Hundred.— Proceedings of the Assembly.— Clai- 
borne's petition to the king.— Decision of the Privy Coun- 
cil. — Religious difficulties at St. Mary's. — Sickness. — Assem- 
bly of 1639. — Lord Baltimore's concession. — Indian troubles. 
— Success of the missions. — Claiborne's return from England. 
— His demands 25 

CHAPTER V. 
1642-1648. 
Civil war in England. — Position of the colonies.— Claiborne, 
king's treasurer. — Assembly of 1642. — Expedition against 
the Susquehannocks.— Governor Calvert's visit to England. 
— Condition of affairs on his return. — Claiborne's rebellion. 
— Death of Governor Calvert. — William Stone, governor . 30 

CHAPTER VI. 
1649-1665. 

The Toleration Act. — Governor Stone's colonists. — Robert 
Brooke's colonists. — End of the civil war in England. — 
Parliament commissioners. — Their action in Maryland.— 
Treaty with the Susquehannocks. — Governor Stone rein- 
stated. — Two governments in the colony. — Assembly at Anne 
Arundel. — New counties. — Governor Stone's expedition 
against Patuxent.— Battle at Providence 34 

CHAPTER VII. 
1656-1674. 
Maryland restored to Lord Baltimore. — Josias Fendall gov- 
ernor. — Siibinission of the Providence government. — Charles, 
Anne Arundel, and Calvert counties. — Decrees against the 
Quakers. — Proceedings of the Lower House of the General 
Assembly. — Dismission and arrest of Fendall. — Settlements on 
the Eastern Shore. — Presbyterians. — Charles Calvert govern- 
or. — Somerset county. — Nationalities of immigrants. — Treaty 
of peace with the Indians. — Conviction for witchcraft ... 38 



CONTENTS. 7 

CHAPTER VIII. 

1675-1687. PAGE 

Maryland currency. — Joint expedition against the Susquehan- 
nocks. — Death of Cecilius, Lord I>altimore. — Memorial from 
the bishop of London. — Lord Baltimore's answer. — His re- 
turn to Maryland. — Sedition of Fendall and Coode. — Contro- 
versy between the Upi)er and the Lower Llouse.— Dispute 
between Lord Baltimore and William Penn on the bound- 
ary question. — Attempts to dispossess Lord Baltimore . . 43 

CHAPTER IX. 
1689-1697. 

The Protestant revolution in Maryland. — Action of the Lower 
House. — Address to King William and Queen Mary. — Mary- 
land a royal province. — Seat of government removed to 
Annapolis. — Passage of an act for the maintenance of free 
schools. — Pestilence among cattle and hogs. — Mail-route be- 
tween Williamsburg and Philadelphia. — King William's 
war. — Presentation of a library to Annapolis. — Birds and 
wild animals sent to King William 47 

CHAPTER X. 
1698-1717. 

Charlotte Hall. — State-House struck by lightning. — Rev. Dr. 
Bray. — Queen Anne's war. — Attitude of the colony. — Exten- 
sion of the provisions of the Toleration Act. — German immi- 
grants. — Death of Charles, Lord Baltimore, and of his son, 
Benedict Leonard Calvert — Restoration of Maryland to Lord 
Baltimore. — Claims of the Roman Catholics. — Annapolis. — 
Market regulations 52 

CHAPTER XL 
1721-1732. 

The "king's passengers." — Public education. — Tlic MaryUind 
Gazette. — Depredations of crows, squirrels, and wolves. — 
The town of Baltimore created. — One hundredth anniver- 
sary. — State of the colony. — Border difficulties.— Boundaries 
of Delaware. — Mason and Dixon's line. — Present limits of 
Maryland 57 



8 CONTENTS/ 

CHAPTER XII. 
1744-1758. 

PAGE 

King George's war. — Maryland's resources. — Removal of the 
Nanticoke Indians. — Death of Charles, Lord Baltimore. — 
Worcester and Frederick counties. — Population of the prov- 
ince in 1751. — The French in Canada. — French and Indian 
war. — General Braddock. — Defeat of Braddock.— French and 
Indian depredations. — Fort Frederick. — William Pitt prime 
minister 62 



CHAPTER XIII. 
1760-1770. 

Close of the French and Indian war. — Taxation. — Expenses of 
the war. — Taxation by Great Britain. — Feeling in the col- 
onies. — The Stamp Act. — First Colonial Congress. — Mary- 
land rejects the stamps. — Repeal of the act. — Duty on tea, 
etc. — Action of the Maryland Assembly. — Governor Eden. — 
The Church of p]ngland in the colony 68 

CHAPTER XIV. 

1770-1775. 
Tax retained on tea. — Death of the last Lord Baltimore. — 
Maryland in 1774. — Tea sent to the colonies. — Burning of 
the Peggy Stuart.— The First Continental Congress.— Pro- 
ceedings of the Maryland convention. — Second Continental 
Congress. — Battle of Bunker Hill.— Council of Safety. — Com- 
mittee of Observation and Correspondence 73 

CHAPTER XV. 
1776. 

Raising of troops. — Lord Dunmore. — Departure of Governor 
Eden.- Proceedings of the conv^ention. — Charles Carroll of 
Carrollton. — Montgomery, Frederick, and Washington coun- 
ties. — jMaryland troops at the battle of Long Island. — At the 
battle of White Plains. — Capture of the Hessians at Trenton. 
— Removal of Congress to Baltimore. — Commissioners to 
France 78 



CONTENTS. 9 

CHAPTER XVI. 
1777-1782. 

PAGE 

Maryland under a State constitution. — Recruiting the Maryland 
Line. — Insurrection in Somerset and Worcester countiesi. — 
Maryland troops at the battle of Germantown. — Count Pulas- 
ki. — France acknowledges the independence of the United 
States. — Battle of Monmouth. — Condition of tiie country.^ 
Articles of Confederation. — Events of 1779. — Privateers. — 
Thomas Sim Lee governor 83 



CHAPTER XVII. 
1780-1782. 

Maryland troops in the Soutii. — Battle near Camden. — General 
Greene succeeds General Gates. — Surrender of Cornwallis. — 
Washington's letter to Governor Lee. — Anecdote of La Fay- 
ette. — Condition of the country. — The soldiers at Newburg. 
— Population of Maryland. — Her record during the war . . 88 

CHAPTER XVIII. 
1783 1790. 

Treaty of peace with Great Britain. — Washington at Annapolis. 
— Resignation of his commission. — Annapolis oflTered as the 
seat of the national government. — Internal improvements. — 
Governor Smallwood. — Adoption of the present Constitution 
of the United States. — Election of Washington and Adams. 
—The District of Columbia 93 

CHAPTER XIX. 
1793-1815. 

Washington's second term. — Troubles with France. — The coun- 
try prosperous. — Hail-storms and floods in Maryland. — The 
plague. — College of medicine. —War of 1812. — Riot in Balti- 
more. — Admiral Cockburn's stpiadron. — Admiral Cociiran 
and General Ross. — Destruction of Commodore Barney's flo- 
tilla. — Battle of Bladensburg.— Capture of Washington. — 
Attack on Baltimore. — Bombardment of Fort McIIenry. — 
Francis S. Key • • 99 



10 CONTENTS. 

CHAPTER XX. 
1823-1853, 

PAGE 

Legacy of the war. — Chesapeake and Ohio Canal. — Visit of La 
Fayette. — Baltimore and Ohio Kailroad. — African coloniza- 
tion. — State constitution amended. — Financial crisis. — War 
with Mexico. — Revision of Mason and Dixon's survey. — 
Changes in the State constitution. — Completion of the Bal- 
tim;ore and Ohio Railroad 105 

CHAPTER XXL 
1860-1865. 

Agitation of the slavery question. — Election of President Lin- 
coln. — Fall of Fort Sumter. — Secession. — The [)Osition of 
Maryland. — Riot in Baltimore. — Occupation of Federal 
Hill. — Election for governor. — The new Legislature. — In- 
vasion of Maryland. — Battles of South Mountain and An- 
tietam. — Second invasion of Maryland.— Battle of Gettys- 
burg.— Invasion of General Early. — Revision of the State 
constitution. — Surrender of General Lee 110 

CHAPTER XXIL 
1866-1870. 

Southern Relief Society. — George Peabody. — Peabody Institute. 
— Present State constitution adopted. — Legislative, execu- 
tive, and judicial departments. — City of Baltimore. — County 
officers. — Flood in the Patapsco valley. — Fifteenth Amend- 
ment rejected 116 

CHAPTER XXIIL 
1875-1886. 

City Hall, Baltimore. — Johns Hopkins University. — The great 
seal of the State. — Railroad strikes. — Baltimore's one hun- 
dred and fiftieth anniversary. — Enoch Pratt Free Library. — 
Monumental City. — Assembly of 1886. — Present condition 
of the State and of the country 120 

Biographical Noticp:s 127 

Counties of Maryland 149 

Governors of Maryland 149 

Constitution of Maryland 151 



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HISTORY OF MARYLAND. 



CHAPTER I 



FIEST ENGLISH SETTLEMENTS IN AMERICA. 



London Company. A com- 
pany composed cliiefly of men 
living in London, England, 
whose object was to plant col- 
onies and to trade in America. 

Plymouth Company. A com- 
pany similar to the London 
Company, composed chiefly of 
men from Plymouth, England. 

Patient. Charter. A patent 
was an official document giving 
the right to hold land and plant 
colonies. A charter, in addi- 



tion to this, conferred certain 
privileges in regard to govern- 
ment. 

Of Norman descent. Descend- 
ed from the Normans who con- 
quered and occupied England 
in 1066. 

Provincial (pro vin'shal). Per- 
taining to a province or foreign 
settlement governed by the 
mother-country. 

Prejudice (pred'ju dis). Dam- 
age, injury. 



1. More than a century elapsed after the discovery 
of America by C'okimbus before a permanent Eiig- 
Hsh settlement was made in the New World. In 
1G06, James I., king of England, granted all the 
territory between the thirty-fourth and forty-fifth 
parallels of north latitude to two associations known 
as the London and Plymouth Companies. To the 
former was assigned all the land between the thirty- 

11 



12 HISTORY OF MARYLAND. 

fourth and thirty-eighth parallels, and to the latter 
all between the forty-first and forty-fifth. The in- 
tervening space was to remain unoccupied. 

2. In 1()07 the London Company plantqd the first 
permanent English settlement in America, at James- 
town, in the province of A'irginia. The main object 
of the first settlers w^as to search for gold, so that 
for a number of years the colony did not flourish. 
During this time one of their leaders. Captain John 
Smith, explored the Chesapeake and the rivers that 
flow into it, and designed the first map of this mag- 
nificent bay. 

3. ThiC province of Virginia was under the im- 
mediate control of the king, who appointed the gov- 
ernor and other principal officers, and hence it was 
called a Boi/al government. To certain other colonies 
the right was given by their charters to select their 
own officers, and, to a great extent, manage their 
ow^n affairs; these were called Charter governments. 
In some cases land was granted to persons, called 
Proprietaries, who undertook to settle the country 
in their own interest, and to whom full power and 
control were delegated by the king. Such govern- 
ments were called Proprietary governments ; and to 
this class belonged the province of Maryland. 

4. Sir George Calvert, the founder of Maryland, 
was an English gentleman of Norman descent. He 
was a man of great ability, and stood high in the 
favor of King James L, who, in 1624, made him 
Lord Baron of Baltimore. During the same year 



HISTORY OF MARYLAND. 



13 



Lord Baltimore professed the Roman Catholic faith. 
At that time there was a strong feeling in Eng- 
land against the Catholics, 
and his attention was 
turned toward founding a 
home in America where he 
could live in peace and se- 
curity. 

5. After an unsuccessful ^ "\ 
attempt to settle in New- 
foundland, he visited Vir- 
ginia, in October, 16 2 9. 





FIRST LORD BALTIMORE. 



Here he was requested by 
the governor and Council to take the oath of alle- 
giance, and to acknowledge the supremacy of the king 
as the rightful head of the Church in England. Un- 
willing to do the latter, he proceeded to explore the 
unsettled country on the shores of Chesapeake Bay, 
and decided to plant a colony there. 

6. Eeturning to England, lie ap[)lied to the king 
for a grant of the country south of tlie James River, 
extending to tlie bounds of Carolina. For tins he 
obtained a patent, but, through the opposition of the 
Virginia Company, was compelled to give it up. He 
then applied for a grant of the country on the Ches- 
apeake Bay north of the Potomac River. In this 
application he was successful, but, before the patent 
was made out, he died, in April, 1082. 

7. He was succeeded in his title and estati^s by 
Cecilius, his eldest son, who now became Lord I>ahi- 



14 HISTORY OF MARYLAND. 

more. On the 16th of June, 1632, the patent was 
signed giving him the territory for which his father 
had last appUed. King Charles I., who in 1635 had 
succeeded his father, King Jarnes I., named the prov- 
ince Terra Maria?, — that is, Maryland,— in honor of 
his queen, Henrietta Maria. 

8. This patent was for a territory described as 
" hitherto uncultivated, and partly occupied by sav- 
ages," extending from Watkins Point, on the bay, 
opposite the mouth of the Potomac River, north- 
ward to the fortieth parallel of north latitude, and 
from the Atlantic Ocean and Delaware Bay on the 
east to the Potomac River on the west. 

9. This grant included the territory now constitut- 
ing the States of Delaware and Maryland, Pennsyl- 
vania to the fortieth parallel of north latitude, and 
a part of West Virginia. Settlements had already 
been made within these limits by the Dutch and 
Swedes, on the Delaware River, and by William 
Claiborne, a member of the Virginia Council, on 
Kent Island, in Chesapeake Bay, and at the mouth 
of the Susquehanna River. Much trouble arose 
subsequently in adjusting the conflicting claims of 
these settlers and Lord Baltimore. 

10. The charter of the colony made all English im- 
migrants English subjects, with the rights and priv- 
ileges of such. It also gave them, in conjunction with 
Lord Baltimore, authority to make all needful local 
or provincial laws not conflicting with English law, 
without reference to the king or to Parliament. 



HISTORY OF MARYLAND. 15 

11. It further provided that no interpretation of 
the charter should be made by which God's holy rites 
of worship and the true Christian religion should 
in any wise suffer change, prejudice, or diminution. 
All churches to be built were to be consecrated ac- 
cording to the laws of England ; nor was there to 
be any taxation by the king. 

QUESTIONS. 

1. What grants of territory in America were made by King 
James I. in 1606? Name the limits of tlie territory granted to the 
London Company. To the Plymonth Company. 

2. When and where did the London Company plant a colony ? 
What is said of it? Of Captain John Smith? 

3. Of what character was the government of Mrginia? What 
is meant by charter government? Proprietary government? 

4. Give an account of Sir George Calvert. What led to his at- 
tempt to plant a colony in America? 

5. Give an account of his visit to Virginia. 

6. What attempts did he make to secure a patent? When did he 
die? 

7. By whom was he succeeded ? When was the patent granted ? 
What was the territory named, and why ? 

8. How was Lord Baltimore's province described in the patent? 

9. What did the grant include ? What settlements had already 
been made within its limits? 

10. Give the provisions of the charter in regard to English immi- 
grants. 

11. What were its provisions in reference to religion? 



16 



HISTORY OF MARYLAND. 



CHAPTER 11. 



SETTLEMENT OF ST. 3IARY'S. 



Maryland Plantation. The 

colony of Maryland. 

Yo a com^i co. 

New Albion. Albion (from 
albus, " white " ) is the ancient 
name of Great Britain, said 
to have been given it on ac- 
count of the lofty white cliffs 



along the southern shores of 
the island. 
Earl Palatine. An earl or 
count palatine was one possess- 
ing royal jurisdiction — that is, 
delegated by the king to hold 
courts of justice in his own 
province. 



1. After securing his patent for Maryland, Lord 
Baltimore at once began to make arrangements for 

planting a colony there. At 
a cost of nearly forty thou- 
sand pounds, he fitted out 
an expedition, which after 
many delays sailed from 
the Isle of Wight, Novem- 
ber, 1G33, in two small ves- 
sels, the Ark and the Dove. 
Lord Baltimore himself de- 
cided to remain in England, 
but his brother, Leonard Cal- 
vert, accompanied tlie expedition as governor of the 
colony. 

2. The colonists, about two hundred in number, 
were all English, and consisted of "gentlemen ad- 
venturers," with tlieir servants and hired laborers. 




CECILIUS, SECOND LORD BALTIMORE, 



HISTORY OF 3rARYLAND. 17 

They were principally of the Roman Catholic faith, 
and were accompanied by two Catholic priests, 
Fathers Andrew White and John Altliam, with their 
attendants. After a long and perilous voyage, they 
arrived at the mouth of the Potomac River in March, 
1634. 

3. Before reaching the Potomac they touched at 
Jamestown. PI ere, George Calvert, another brother 
of Lord Baltimore, and one of the " gentlemen ad- 
venturers," remained and settled. While at James- 
town, Governor Calvert notified Claiborne that he 
was now a member of the Maryland plantation, 
and that consequently he must relinquish his rela- 
tions with the Virginia colony. Claiborne laid this 
demand before the Virginia Council, by whom it 
was rejected. 

4. After leaving A^irginia the colonists sailed up 
the Chesapeake to the Potomac River. Proceeding 
up this beautiful stream, they landed on the 25th 
of March, 1634, at St. Clement's (now Blackis- 
ton's) Island, which at tliat time was more exten- 
sive in its dimensions than it is now. Governor 
Calvert here took formal possession of his new ter- 
ritory, and erected, with the appropriate ceremonies 
of his faith, a great cross hewn from the trunk of a 
tree. 

5. Learning that many of the Indian tribes with- 
in the limits of his patent were subject to a great 
chief, or " emperor," wlio lived at Piscataway, eighty 
miles or more from the bay and nearly opposite what 



18 HISTORY OF MARYLAND. 

is now Mount Vernon, Governor Calvert thought it 
best to visit him. The emperor, being apprised of 
his coming, collected five hundred warriors to oppose 
his landing ; but, after an interview with the governor 
on board of his vessel, the emperor was so far con- 
ciliated that he said he would neither bid Calvert go 
nor ask him to stay, but that he might use his own 
discretion. 

6. Returning, the governor went down the Poto- 
mac till he came to a river some twelve miles from 
the bay, which he named St. George's River (now 
St Mary's). Sailing up this river a short distance, 
he reached a village of the Yoacomico Indians, and, 
finding it an excellent site for a settlement, he pur- 
chased from them a tract of land containing about 
one hundred and fifty thousand acres. This tract, 
which he named Augusta Carolina, was paid for in 
cloth, axes, hoes, and knives. 

7. The natives gave up a part of their village for 
the immediate use of the colonists, and agreed to 
leave the whole town at the end of harvest. Ac- 
cordingly, the governor took formal possession on 
the 27th of March, 1634, and named the town St. 
Mary's. The settlers thus at once obtained houses, 
gardens, and fields. At the same time, the Indian 
men hunted deer and turkeys for them, and many 
of the women and children were domesticated with 
the English fLimilies and taught them how to make 
hominy and hoe-cake of their corn. 

8. The Indians amons^ whom the colonists settled 



HISTORY OF MARYLAND, 19 

were of a gentle, friendly nature as compared with 
the fierce tribes of the Susquehannocks and Nan- 
ticokes, farther to the north. They lived principally 
in villages near the water-side, the men being en- 
gaged in hunting and fishing, while the women cul- 
tivated corn, tobacco, and other crops. Being treated 
with justice by the whites, they cheerfully submitted 
to their dominion. Whatever troubles arose on the 
part of the Indians were mainly due to the influence 
of those who were hostile to Lord Baltimore and his 
colony. 

9. The country at the time of its settlement was 
thickly wooded. The forests abounded with deer, bear, 
wild turkeys, and other game, and the rivers swarmed 
with fish. The climate was moderate, and the soil 
fertile and easily brought under cultivation. These 
natural advantages, together with the just and liberal 
policy of Lord Baltimore toward the Indian tribes, 
and the spirit of religious toleration in which the 
colony was founded, seemed to assure peace and 
prosperity to Maryland. 

10. In June, 1634, King Charles I. granted to Sir 
Edmund Plowden a patent of a territory which 
materially interfered with the one given by him 
to Lord Baltimore. It embraced the country north 
of a line running west from Cape May to the Poto- 
mac River, and was supposed to include the upper 
part of Kent Island, all of Maryland from near An- 
napolis northward, half of Delaware, and part of 
Pennsylvania. 



20 HISTORY OF MARYLAND. 

11. This was the third grant that the king had 
made of the same territory. It was named New 
Albion, and Sir Edmund was constituted its earl 
palatine. He is said to have located his colony not 
far from Cape May ; but lie and his people Avere 
early cut off by the Indians, and we hear little 
afterward of New Albion. 

QUESTIONS. 

1. Give an account of the expedition sent out by Lord Baltimore. 
Who was made governor of the colony ? 

2. What is said of the colonists? Of their faith ? When did they 
reach America? 

3. What occurred at Jamestown? AVhat demand was made of 
Claiborne? 

4. What course did the expedition pursue after leaving Virginia? 
Describe the landing at St. Clement's Island. 

o. Give an account of Governor Calvert's visit to the "emperor" 
at Piscataway. 

6. Give an account of the. selection of a place of settlement. What 
was the tract named, and how paid for? 

7. What course was taken by the Indians? When did Governor 
Calvert take formal possession of St. Mary's? Under what cir- 
cumstances? 

8. What is said of the Indians? Of their treatment by the 
whites ? 

9. Describe the country at the time of settlement. What seemed 
to assure peace and prosperity to the colony ? 

10. What grant was made by the king in 1634? What territory 
did it include? 

11. What is said of this grant? Of its name? Of the attempt to 
plant a colony? 



HISTORY OF MARYLAND. 21 

CHAPT-ER III. 
PROGRESS OF THE COLONY. 



Manorial. Pertaining to a man- 
or, or tract of land belonging to 
a nobleman or great person- 
age. 



Quitrent. A rent reserved in 
grants of land, by the payment 
of which the tenant is quieted, 
or quit, from all other service. 



1. Not long after the establishment of the colony 
at St. Mary's the friendly relations with the Indians 
were disturbed for a short time, through the efibrts, 
it was alleged, of William Claiborne, who had refused 
to recognize the jurisdiction of Lord Baltimore over 
the settlement at Kent Island. By judicious action 
confidence was restored, but in the mean time the 
settlers had built a log fort for their protection. 

2. In this log fort the first legislative assembly of 
Maryland met, early in 1635. This assembly was 
composed of the freemen of the colony wdio felt 
called to legislate for themselves. They passed a 
number of laws, of which, however, no record 
exists. These laws were not confirmed by Lord 
Baltimore, who claimed the right under his charter 
to originate all laws for the colony, leaving it with 
the people to accept or reject them. 

3. In April of this year a serious conflict occurred 
between the colonists of St. Mary's and the settlers 
of Kent Island. A small vessel sent out by Clai- 
borne, under the connnand of Ratcliffe Warren, was 



22 



HISTORY OF MARYLAND. 



met in the Pocomoke River by two armed boats de- 
spatched by Governor Calvert and commanded by 
Thomas Cornwaleys. A sharp contest ensued, which 
resuUed in the kilhng of several men and the cap- 
ture of Claiborne's vessel. This was followed by 
measures on the part of Governor Calvert to estab- 
lish his authority on Kent Island. 

4. In the mean time, Claiborne had fled to Yir- 
ginia, and Governor Calvert sent to Governor Harvey 

to demand liis surrender as 
a rebel and a traitor. This 
request, however, was not 
complied with; and in 
1637 Claiborne went to 
England, where he made a 
strong effort to secure the 
favor of the king in his 
behalf. In this he seems 
to have been in a meas- 
ure successful, as the king 
in 108(8 enjoined Lord Baltimore not to disturb the 
Kent islanders while their case was being considered 
by the commissioners of plantations. 

5. Lord Baltimore's " conditions of plantation," 
issued in August, IGoO, assigned one thousand acres 
of land, with manorial privileges, subject to an an- 
nual quitrent of twenty shillings, to every immigrant 
from England bringing five men ; if he brought in 
a less number, he should have assigned to him one 
hundred acres for himself, and one hundred for each 




GOVERNOR CALVERT. 



HISTORY OF MARYLAND. 23 

servant ; and if he had a wife and children, one 
hundred acres for his wife and fifty for each child 
under sixteen years of age, subject to an annual 
quitrent of two shillings for every hundred acres. 
. 6. Provision was subsequently made for those who 
wished to emigrate, but were unable to pay for 
their passage. Such persons bound themselves to 
redeem or repay their passage-money by^four years 
of service, — afterward reduced to three. This ser- 
vice or labor was sold on their arrival to the highest 
bidder. At the expiration of the term of service 
each redemptioner, as he was called, received fifty 
acres of land, with supplies of corn, clothing, and 
farming-implements, and became a freeman. 

7. The settlements extending south of St. Mary's 
very soon reached the creeks and streams in that 
direction. One of these was called Trinity Creek. 
It was six miles from St. Mary's, and on its banks 
was erected Trinity church, the first place of Prot- 
estant worship on the Western Shore. Afterward 
it was removed to St. Mary's, and the church there 
still bears the name of Trinity. 

8. In 1636, St. Mary's town had fifty or sixty 
houses. That its growth was not more rapid may 
be accounted for by the ftict that the planters resided 
on their plantations, many of which had good land- 
ing-places, from which their produce was shipped, 
and at which the goods received in return were 
landed ; each |)lantation was, in foct, a little town. 
At this time, instead of cash rents. Lord Baltimore 



24 HISTORY OF MARYLAND. 

substituted grain, making seventy pounds of wheat 
equal to twelve and one-half pence. 

9. During the following year Lord Baltimore 
reorganized his government and added to his 
governor's Council John Lewger, Esq., whom he 
made secretary of state and keeper of records and 
receiver of rents. Lewger arrived in the colon}^ on 
the 28tli of December, l()-'>7, and from this period 
date the regular records of the province. 

10. Almost the first record is under the date of 
December 31, — that Kent Island had in some meas- 
ure been reduced to oljedience to Lord Baltimore. 
This submission, however, did not extend very far, 
as the followers of Claiborne, relying upon the suc- 

• cess of his application to the king, refused to sub- 
mit to the warrants of the Maryland courts of law 
which had been established on the island. 

QUESTIONS. 

1. Give an account of the troubles with the Indians. 

2. When was tlie first legislative assembly held in Maryland ? 
What is said of its proceedings? 

3. Describe the conflict on the Pocomoke River. 

4. (live an account of Claiborne's subsequent movements. 

5. What were Lord Baltimore's " conditions of plantation " ? 

6. What provision was made for the poorer classes of immigrants? 

7. (jive an account of the settlement at Trinity Creek. 

8. What is said of the growth of St. Mary's in 1636? Of the 
payment of rents? 

9. Give an account of the reorganization of the government in 
1637. 

10. What was among the first records? What was the state of 
afiairs on Kent Island ? 



HISTORY OF 3IARYLANI). 



25 



CHAPTER IV 



PROCEEDINGS OF THE ASSEMBLY. 



Hundred. A division or part 
of a county supposed originally 
to have contained a hundred 
families or freemen. 

Proxies. A proxy is a person 
who is empowered to act for 
another ; also a writing by 
which one person authorizes 
another to vote in his place. 

Indented Servants. Those 



bound out by indented writ- 
ings. 

Privy Council. A number of 
distinguished persons selected 
by a sovereign to advise in the 
administration of the govern- 
ment. 

Co ad ju^tor. The assistant of 
a bishop or other prelate. A 
fellow- helper. 



1. On the 4th of January, 1(538, a new hundred, 
named St. George's, was erected on the west side of 
St. George's River. This was a Protestant hundred, 
and in it was erected a Protestant church, at Poplar 
Hill, where one still stands. At this date twelve of 
the seventeen gentlemen who embarked for Mary- 
land in 1633 were either dead or had left the 
colony. 

2. On the 25th of January the freemen of the 
province again met in assembly at the governor's 
summons. Those who could not attend in person 
at this time gave written authority, or " proxies," to 
others present to vote in their names. Some of the 
freemen in attendance liad been brought over as 
indented servants, but had served out their time 
and become landholders. Of this class a number 
became leadino; citizens in the colon v. 



26 HISTORY OF MARYLAND. 

3. To this assembly Lord Baltimore had sent a 
code of laws to be passed ; but they were rejected by 
a large majority, the people still holding that the 
right to make laws belonged to them. They, how- 
ever, selected some of the laws and, with alterations, 
passed them. Meanwhile, Governor Calvert, having 
gathered a sufficient force, sailed up to Kent Island 
and fully established his authority there. 

4. At an adjourned meeting of the Assembl}^ 
Claiborne's property on Kent Island was confiscated 
to Lord Baltimore's use, and shortly after a warrant 
was issued for the seizure of his "goods and chattels." 
In addition to this, Thomas Smith, one of Claiborne's 
officers in the battle on the Pocomoke in 1635, was 
tried for murder and sentenced to death ; but it is 
not certain that the sentence was carried into effect. 
The acts of this Assembly, except those referring to 
Claiborne, were subsequently vetoed by Lord Balti- 
more. 

5. Claiborne in his petition to the king claimed 
possession of Kent Island on the ground of his 
having originally discovered and settled it, pre- 
vious to Lord Baltimore's grant, which by its terms 
included only the land descril)ed as " hitherto un- 
cultivated." On the other hand, it was asserted that 
he had merely established a trading-post wdth the 
Indians, and not a settlement for the cultivation of 
the soil, and, further, that in any event the king had 
the right to grant the land to whom he pleased. 

6. This latter view of the case was taken by the 



HISTORY OF 3fARYLAND. 27 

Privy Council of England, to whom the matter had 
been referred. On the 4th of March, l(Jo8, they 
decided that the title to Kent Island was in Lord 
Baltimore, it being within the bounds of his prov- 
ince. Claiborne, therefore, for the present, gave 
up the contest. 

7. Early in July a difficulty occurred at St. Mary's 
in regard to religious matters. William Lewis, a 
leading Roman Catholic, was brought to trial and 
fined five hundred pounds of tobacco for a viola- 
tion of the governor's proclamation prohibiting un- 
reasonable disputations and offensive speeches con- 
cerning religious beliefs. These disputes had been 
carried to such an extent that this action was 
thought necessary ; and the prompt approval of the 
sentence upon one of his own faith is an evidence 
of the impartiality of Governor Calvert. 

8. The population of St. Mary's was now about 
three hundred, and that of Kent Island about two 
hundred. One of the priests and a coadjutor died 
this year, while the other priests did not escape what 
Father White calls the prevailing sickness. More 
than one-half, indeed, of the colonists of St. ^Iar3^'s 
must have suffered from its attacks, and two of the 
remaining gentlemen who came over in 1634 died 
this year. 

9. In Febuary, 1639, another Assembly was con- 
voked. It was composed of the governor and Coun- 
cil, deputies appointed by the freemen, and those 
whom the governor summoned individually. At 



28 HISTORY OF MARYLAND. 

this time Lord Baltimore, moved by a desire for the 
welfare of his colony rather than for the mainte- 
nance of liis individual rights, receded from his claim 
of proposing all the laws to be passed. He conceded 
this power to the Assembly, but reserved to himself 
the right to confirm or reject all laws passed by 
them. 

10. At this meeting the acts of the last Assembly 
which had been vetoed were again passed, together 
with a number of others. Some of these acts indi- 
cated the existence of troubles with the Indians. 
These troubles seem to have been mainly with the 
more remote tribes to the north and north-east, who 
were the enemies of the peaceful natives among 
whom the colonists had settled and whom they 
had sought to convert and civilize. 

11. The priests at this date had missions at Mat- 
tapony on the Patuxent, at Piscataway on the Poto- 
mac, on Kent Island, and at St. Mary's. They had 
succeeded in converting many of the Indians to 
Christianity. The most important conversion was 
that of the great chief, or " emperor," at Piscataway, 
who, with his family, was publicly baptized in the 
presence of Governor Calvert and the leading col- 
onists. This was accomplished by the ministrations 
of Father White, who had gained the confidence of 
the chief by bringing him safely through a dan- 
gerous illness. 

12. In 1()30, Claiborne returned from England. 
He found, however, that the governor of Virginia 



HISTOEY OF 3rARYLAND. 29 

had issued a proclamation forbidding the people of 
that colony to trade with the Indians of Mar}dand 
without a license from Governor Calvert. He then 
made a demand on the latter for the recovery of his 
debts, and also for his cattle and other property on 
Kent Island, but was informed tliat they had been 
confiscated to the use of Lord Baltimore. During 
the following years the Indians gave much trouble 
to the frontier settlements on both sides of the 
bay. 

QUESTIONS. 

1. What is said of St. George's hundred ? Of the original "gen- 
tlemen adventurers"? 

2. Give an account of the Assembly which met in January, 1638. 

3. What action was takeii in regard to Lord Baltimore's code of 
laws ? What was done by Governor Calvert ? 

4. What were the proceedings of the adjourned meeting? What 
action was taken by Lord Baltimore? 

5. On what did Claiborne found his claim to Kent Island ? 

6. What decision was made by the Privy Council? 

7. Give an account of the religious difficulty at St. Mary's. 

8. What was the population of St. Mary's? Of Kent Island? 
What is said of the prevailing sickness? 

9. Of what was the Assembly of 1639 composed? What was 
done by Lord Baltimore? 

10. What was done by the Assembly ? What is said of Indian 
troubles ? 

11. Give an account of the labors of the priests. What important 
conversion was made ? 

12. When did Claiborne return from England? What course 
did he pursue ? What of the Indians ? 



30 



HISTORY OF MARYLAND. 



CHAPTER V. 



CLAIBORNE'S REBELLION. 



Puritan. Originally a term of 
reproach applied to one who 
o[)posed the traditional and 
formal usages of the Chui'ch 
of England and advocated a 
simpler form of faith and 
worship. 



Block-houses. Structures of 
heavy timber or logs for mili- 
tary defence. They were gen- 
erally constructed with a pro- 
jecting upper story, and had 
their sides loop-holed for 
musketry. 



1. In 1642 civil war broke out in England be- 
tween King Charles I. and the Parliament, and, of 
course, soon affected the colonies in America. The 
Puritan settlements in New England were in sym- 
2:>atliy with the Parliament, while the people of Vir- 
ginia were mainly royalists, or adherents of the 
king. In Maryland the people were divided ; and 
although Lord Baltimore desired to remain neutral, 
yet, as a known friend of the king, he was made to 
feel the enmity of those who favored the Parliament. 
He met with opposition, also, on the part of many of 
the Protestants in the colony. 

2. During this year Claiborne was appointed 
king's treasurer in Virginia for life. This appoint- 
ment shows him to have been on tlie king's side in 
the contest, although we hear of him later as one 
of the Parliament commissioners. Lord Baltimore 
at this time desired to visit his province of Mary- 
land, but was not allowed to leave England. 



HISTORY OF MARYLAND. 31 

3. The General Assembly of Maryland in 1642 
took away the power of adjournment from the gov- 
ernor, reserving the right to themselves. They 
also appointed Cornwaleys leader of an expedition 
against the Susquehannock Indians, who continued 
to harass the colonists. These Indians had been fur- 
nished with fire-arms by the Dutch, and so great was 
the alarm created by their depredations that on the 
28th of August, Governor Calvert issued a proclama- 
tion directing the inhabitants of the more exposed 
districts to take shelter in their block-houses. 

4. In view of the uncertainty of affairs, Governor 
Calvert early in 1043 decided to visit England to 
consult with his brother. Lord Baltimore. He left 
Captain Giles Brent, the commander of Kent Island, 
to act as governor in his absence. On his return, in 
September of the following year, he found the colony 
in a very disturbed condition. Claiborne had re- 
gained possession of Kent Island by force of arms, 
and Captain Richard Ingle, in command of an 
armed vessel, was threatening the safety of the 
colony at St. Mary's. The Indians also continued 
hostile. 

5. Governor Calvert did what he could to restore 
order, but his enemies in the colony were constantly 
growing bolder and more numerous. He sent out an 
expedition to recover Kent Island, but it was unsuc- 
cessful. Emboldened by this failure, Captain Ingle, 
in the spring of 1045, made a sudden descent upon 
St. Mary's and ca})tured it. The governor fled to 



32 HISTORY OF MARYLAND. 

Virginia, where he was kindly received; and the 
priests and many of the Roman Catholics were 
banished from Maryland. 

6. For nearly two years Maryland was rnlod by 
Claiborne. Bnt little account was kept of the affairs 
of the colony during that period, and most of the 
previous records Avere destroyed, causing much sub- 
sequent trouble and confusion in the public busi- 
ness. Toward the close of 163G, however, Governor 
Calvert, having succeeded in raising a strong body 
of troops, returned from Virginia, regained posses- 
sion of St. Mary's, and re-established his govern- 
ment. 

7. By the following April he had compelled the 
Kent Islanders to acknowledge his authority. Clai- 
borne and his chief associates fled from the province, 
and the others who had taken part against Lord Bal- 
timore were pardoned. Thus ended what is com- 
monly known as " Claiborne's Rebellion ;" and the 
subsequent defeat of the Indians in a great battle 
on the Eastern Shore restored for a time peace and 
security to Maryland. 

8. Scarcely had this been accomplished when the 
province met with a severe loss in the death of 
Governor Calvert, who for fourteen years had 
labored with wisdom and prudence for the pros- 
perity of the colonists. He expired peacefully at 
St. Mary's on the 9th of June, 1G47, being the last 
but one of the original company of gentlemen who 
had embarked from England in 1633. Previous to 



HISTORY OF MARYLAND. 33 

liis death Governor Calvert had appointed Thomas 
Green as his successor. 

9. On the 17th of August, 1G48, Lord Bahimorc 
appointed William Stone as governor. He was a 
Protestant, from Northam})ton county, A^irginia, and 
engaged to bring into the [)rovince five hundred 
colonists of British or Irish descent. By his oath 
of office he was required to make no distinction 
of persons on account of religious belief, and to 
permit no one to be disturbed or molested in the 
free exercise thereof. Special reference was made 
to the Roman Catholics, who at that time were most 
in fear of persecution. 

QUESTIONS. 

1. How did the civil war in England affect the colonies of New 
England and Virginia? The colony of Maryland? 

2. What is said of the appointment of Claiborne as tlie king's 
treasurer? Of Lord Baltimore? 

3. AVhat was done by the CJeneral Assembly in 1042? What of 
the Indians? 

4. What was done by CJovernor Calvert? What did he find on 
his return from England ? 

5. Give an account of tlie subsequent events. 

6. What was the condition of Maryland under the rule of Clai- 
borne ? What occurred in 1036? 

7. What followed during the succeeding year? 

8. Give an account of the death of Governor Calvert. Who was 
appointed to succeed him ? 

9. What is said of the appointment of Governor Stone? What 
was required of him? 

3 



36 HISTORY OF MARYLAND. 

6. In July, 1(]52, the Susquehaiinock Indians, by 
treaty, gave up to the province all their territory on 
the west side of the bay from tlie Patuxent River to 
the Susquehanna, and all on the east side from the 
Choptank River to the North-cast Branch, near the 
Susquehanna. This territory includes the present Tal- 
bot, Queen Anne, Kent, Howard, Carroll, Baltimore, 
and Harford counties, with the greater part of Cecil 
county. 

7. In June, 1653, Governor Stone agreed to act 
under the commissioners, and was reinstated in office. 
Mr. Brooke, however, was dismissed by Lord Balti- 
more from his Council, and by his lordship's in- 
structions Governor Stone reassumed the government 
in the name of the proprietary and demanded an oath 
of fidelity to Lord Baltimore from all the colonists. 
Upon this the commissioners again asserted their 
authority, and for a time there were two govern- 
ments in the province. 

8. In October the commissioners called an As- 
sembly at Anne Arundel, excluding Roman Cath- 
olics and all who had borne arms against the Parlia- 
ment. This Assembly, composed chiefly of men who 
had themselves sought safety from persecution under 
the liberal laws of Maryland, proceeded to deny the 
right of religious freedom to those who differed from 
them in faith. The new county of Calvert, which had 
been formed from Charles county and part of Anne 
Arundel, they called Patuxent ; they also changed the 
name of Anne Arundel to Providence. 



HISTORY OF MARYLAND. 37 

9. By the direction of Lord Baltimore, Governor 
Stone attempted to bring tliese two connties under 
his jurisdiction. In ]\hirch, 1G55, with a mihtary 
force of about two hundred men, gathered at St. 
Mary's, he marched to Patuxent and took possession 
of the pubHc records of the ];)roYince. He also seized 
a quantity of arms belonging to the Puritans, and, 
placing his men on board of some vessels that were 
in the harbor, proceeded to Providence. 

10. There a battle took place with the Providence 
men, under the command of Captain Fuller, on the 
neck of land south-east of where the State-house now 
stands. After a sharp action, Governor Stone was de- 
feated, with the loss of fifty men killed and wounded 
and the rest taken prisoners. Some of the latter were 
tried, condemned, and executed. Thus ended the St. 
Mary's expedition, and for the time being Lord Balti- 
more's government in the })rovince. 

QUESTIONS. 

1. When was tlie Toleration Act passed ? What did it provide ? 

2. Give an arconnt of Governor Stone's colonists. 

3. Give an account of Kohert Brooke's colonists. 

4. What ended the civil war in England ? What was done by 
Parliament ? 

5. What was done by tiie commissioners? 

6. What treaty was made in 1652 ? What tejritory was given np 
by the Indians ? 

7. What was done by Governor Stone in IGoo? I'y Lord Balti- 
more? By the commissioners? 

8. What is said of the Assembly called at Anne Arundel? 

9. What exi)edition was undertaken by Governor Stone? 
10. Give an account of theT)attle at Providence. 



34 



HISTORY OF MARYLAND. 



CHAPTER VI. 
THE TOLERATION ACT. 



Cromv/ell. (Krum^well or 
Kr5m^well), Lord-Protector of 
the English Commonwealth. 
Born 1599; died 1658. 



Toleration, In religions mat- 
ters, the allowance of opinions 
and modes of worship that are 
not wholly approved. 



1. In the Assembly of 1649 the Kberal poUcy of 
Lord Baltimore in reference to religious freedom was 
made the law of the land by the famous Toleration 
Act. This act provided that " no person or persons 
whatsoever within this province professing to believe 
in Jesus Christ shall from henceforth be in any ways 
troubled or molested, or discountenanced, for or in 
respect of his or her religion nor in the free exercise 
thereof, nor in any way compelled to the belief or 
exercise of any religion against his or her consent." 

2. Of the five hundred colonists engaged to be 
brought in by Governor Stone, about one hundred 
Protestants — known as Puritans — came from Vir- 
ginia, under the guidance of Richard Bennett. 
These settled on the Severn River, near where An- 
napolis now stands. They called the place Provi- 
dence. The rest of the colonists Avere mainly of the 
Church of England. Most of them came from Vir- 
ginia, and some from England. They settled on the 
bay and its tributaries south of the Severn down to 
the Patuxent, and soon had churches near St. Leon- 



HISTORY OF MARYLAND. 35 

ard's Creek, at Herring Creek, and at South River. 
This region was called Anne Arundel county. 

3. On the 20th of September, Robert Brooke, Esq., 
of England, receiA^ed a commission from Lord Balti- 
more to be one of the Council of j\hirvland. He came 
over with his colonists the following year, and settled 
in the territory south and south-west of the Patuxent ; 
from the bay, as far up that river as Benedict. The 
colonists were all of the Church of England, and with 
them came the first minister of that Church who set- 
tled on the Western Shore. This region was called 
Charles county. 

4. The civil war in England was ended by the 
execution of King Charles I. in 1G49 and the subse- 
quent defeat of his son, Charles II., by the Parlia- 
mentary forces under Cromwell. In September, 
1651, the government being in the hands of Parlia- 
ment, its "Council of State" sent over commissioners 
to receive the allegiance of Virginia. Maryland was 
included with Virginia by the commissioners, among 
whom were William Clayborne and Richard. Bennett. 

5. In March of the following year these two com- 
missioners came to Maryland and demanded the sub- 
mission of the colony to the Commonwealth, as the 
government of England was then called. Governor 
Stone declined to act under their authority, and the 
direction of aflffiirs was placed in the hands of a Coun- 
cil, of which Mr. Brooke was made president. Mary- 
land thus for the second time came under the govern- 
ment of the Protestants. 



38 HISTORY OF MARYLAND. 



CHAPTER VII. 
GROWTH OF THE COLONY. 



Ju'di ca ture. The power of 
distributing justice by legal 
trial and determination. 



Nat^u ral ized. Endowed with 
the rights and privileges of a 
native subject or citizen. 



1. The conflicting parties in Maryland ^ow ap- 
pealed to Cromwell, who at this time was ruler of 
England under the title of " Protector of the Com- 
monwealth." The matter was referred by him to the 
commissioners of trade and plantations, who in 165G 
decided that the province should be restored to Lord 
Baltimore. The latter appointed Josias Fendall gov- 
ernor, and Philip Calvert, a brother of the proprietary, 
was made secretary of the province and a member of 
the governor's council. 

2. The government at Providence at once arrested 
Fendall and threw him into prison. Upon taking an 
oath not to disturb the existing government he Avas 
released, and soon after sailed for England. He re- 
turned in 1057, bringing with him the new great seal 
of the province, and on the 24th of March, 1658, his 
authority was formally acknowledged by Captain 
William Fuller and others on behalf of the govern- 
ment at Providence, which had been obliged to come 
to terms with the proprietary. 

3. Just previous to the last date St. Mary's county 
was divided, and that part of it lying north of the 



HISTORY OF MARYLAND. 39 

junction of the Wicomico River witli the Potomac 
was called Charles county. A few months afterward 
the name of Providence county was changed back to 
Arundel, and that of Patuxent to Calvert. In this 
year, also, the Quakers, who appear to have gained 
some footing in the colony, were charged with dis- 
turbing the government in carrying out the princi- 
ples by which they professed to be guided, and were 
ordered to leave the province, under penalty of being 
treated as rebels and traitors. 

4. In August, 1659, the Quakers, having paid no 
attention to the decree of 1658, were ordered to be 
banished, and it was directed that if found in the 
province again they should be whipped thirty lashes 
at every constable's until they were out of it. No per- 
son was permitted to harbor or conceal them, under 
penalty of a fine of five hundred pounds of tobacco. 
This decree, like the former, was never severely en- 
forced ; and, though some of the Quakers were im- 
prisoned, the sect greatly increased in numbers and 
j)rosperity. 

5. In the year 1659 the House of Delegates, or 
Lower House of the General Assembly, declared 
themselves to be the Assembly and highest court of 
juchcature, without dependence on any other power. 
They set aside the authorit}^ of Lord Baltimore, and 
demanded that the governor and Council should no 
longer sit as an Upper House. Governor Fendall 
and two of the Council gave in their adherence, 
and took seats in the Lower House. Tlie governor 



40 HISTORY OF MARYLAND. 

then became its president, and, resigning liis com- 
mission from Lord Baltimore, accepted a commission 
from the Assembly. 

6. This^ in due time coming to the ears of Lord 
Baltimore, he dismissed Feiidall and appointed his 
brother, Philip Calvert, governor. Two months later 
he ordered the arrest of Fendall, who was found 
guilty of treason and sentenced to be banished from 
the province and to have his estates confiscated. He 
was afterward pardoned, a i)art of his estate, however, 
being contiscated. The tv.'O members of the Council 
who sup[)orted his cause received similar treatment. 
Charles II., son of Charles I., was now on the throne 
of England. 

7. In IGGl settlements were made in the lower 
parts of the Eastern Shore from the adjoining coun- 
ties of ^^il'ginia. These settlers were adherents of 
the Church of England. A few 3^ears afterward they 
were joined 1)y a considerable numl^er of Presbyte- 
rians, who had emigrated from Scotland ; and the 
portion ol' jNlaryland thus settled may be regarded 
as the cradle of Presbyterianism in the United States. 
During tliis and the three following years the In- 
dians continued tlieir depredations. 

8. In IG()2, Phili]) Calvert was succeeded in the 
government by Lord Baltimore's son Charles. The 
population of the province was now nearly sixteen 
thousand. Duriug the administration of Charles 
Calvert, i\rarvland })rospered greatly. Large num- 
bers of immigrants from different countries settled 



HISTORY OF MARYLAND. 41 

within its limits, and agriculture and commerce 
flourished. In IGOG the settlements on the Eastern 
Shore, near Mrginia, were erected into a county, 
which was named Somerset, in lionor of Lady Mary 
Somerset, a sister of Lord Baltimore. 

9. As showing not only the influx of immigrants, 
but also the various nationalities of which the pop- 
ulation of the province was composed, it may be here 
stated that in 1GG6 persons from France, Bohemia, 
and Spain, and subsequently from Holland, Italy, 
and other European countries, were naturalized, 
and by act of Assembly made citizens. This act 
was the first of the kind passed by any American 
legislative body. 

10. During the year 1G6G a general treaty of peace 
was made with the Indian tribes in the province. It 
provided that the proprietary should have the right 
to appoint the " emperor " of Piscataway, and to ar- 
range the boundaries of the sections occupied by the 
various tribes. It also provided that the Indians 
should be protected in their rights and privileges, 
and proliibited them from making war or peace 
without the consent of the governor. 

11. As the English found it diflicultto distinguish 
one Indian from another, it was agreed that no Indian 
should come into any Englisli plantation painted, and 
that all Indians sliould lay down their weapons when 
within three hundred yards of a settler's clearing and 
call aloud to give notice of their a])proacli ; failing to 
do this, they should be considered as enemies. 



42 HISTORY OF MARYLAND. 

12. Ill 1()74, John Connor was convicted and con- 
demned for witchcraft, conjuration, sorcery, or en- 
chantment. The Lower House petitioned for his 
pardon, which was granted, with the proviso that the 
sheriff carry him to the gallows, and, the rope being 
round his neck, it there be made known to him how 
much he was beholden to the Lower House for its 
intercession. This is the only case of prosecution for 
this cause that is met with in the history of Maryland. 
During this administration we find the first legisla- 
tion in reference to negro slavery. 

QUESTIONS. 

1. How were the conflicting claims of the two governments in 
Maryland settled ? 

2. Wliat was done by the government at Providence ? By Gover- 
nor Fendall ? 

3. When and where was Charles county formed ? What changes 
were made ? With what were the Quakers charged ? 

4. What is further said of the Quakers? 

5. What action was taken by the Plouse of Delegates in 1639 ? By 
Governor P^endall ? 

6. What was done by Lord Pjaltimore? How were Fendall and 
others punished? Who was now king of England ? 

7. What settlements were made in 1661 ? What of the Presbyte- 
rians? Of the Indians? 

8. Who became governor in ] 662 ? What was the condition of the 
province? What county Avas formed in 1666? 

9. What is said of the nationality of the immigrants? 

10. Give an account of the treaty of 1666. 

11. W^hat was required of the Indians? 

12. Give an 'account of the witchcraft case. What is said of negro 
slavery ? 



HISTORY OF MARYLAND. 43 



CHAPTER VIIL 
DEATH OF CECILIUS CALVERT. 



Shell-money. AVanii)iun; small 
beads made of shells, and used 
by the North American Indians 
as nionev, and also for orna- 



Sedition. The raising of com- 
motion in a state, not amount- 
ing to insurrection. 

Quo Warranto (kwo \v6r ran'- 



ment. [ to). A writ brought before a 

Barter. The exchange of one pro[)er tribunal to inquire by 

commodity for another, in dis- what warrant or authority a 

tinction from a sale or purchase person or corporation exercises 

in which money is paid. ! certain powers. 

1. The staple production of Maryland at this time 
was tobacco. Money was naturally scarce in a new 
country, and even the " shell-money " of the Indians 
circulated to some extent among the colonists. Trade 
was largely conducted by barter, and pub he dues 
were paid in i)roduce. Lord Baltimore had coined 
and sent over a quantity of silver pieces, which 
went into circulation in 16G2 ; but for many years 
the chief substitute for currency was tobacco, which 
ranged in value from a penny to twopence a pound. 

2. In the summer of 1675 several murders were 
committed l)y the Indians, which led to a joint expe- 
dition on tlie part of Ahiryland and Virginia against 
the Susquehannocks. These Indians had been driven 
by the Senecas from their homes, at the head of 
Chesapeake Bay, to tlie banks of the Potomac. They 
professed to be friendly to the whites, and asserted 



44 HISTORY OF MARYLAND. 

that the murders had been committed by other tribes. 
Their fort was attacked, however, and a number of 
Indians were slain, the remainder escaping at night, 
after a siege of six weeks' duration. Retreating south- 
ward, they destroyed a number of plantations and 
killed about sixty of the Virginia colonists. 

3. On the 3d of November, 1675, Cecilius, Lord 
Baltimore, died, aged about seventy. He was suc- 
ceeded in his title and estates by his son, Charles Cal- 
vert, who for the preceding thirteen years had been 
governor of the province. During his term of office 
the colony had prospered, the population at this time 
being estimated at thirty thousand. 

4. In 1077 the bishop of London, acting on infor- 
mation received from the province, stated, in a me- 
morial to the Privy Council, that in Maryland there 
was no settled maintenance for the ministry of the 
Church of England, the Avant whereof occasioned in 
many places a total absence of ministers and divine 
worship, except in the case of the Roman Catholics, 
who were held to amount to not more than one in a 
hundred of the people. 

5. Lord Baltimore, who was at that time in Eng- 
land, was summoned to answer the complaint. He 
reminded the Council of the provisions of the Toler- 
ation Act, and that under its operation Maryland had 
been settled by people of various denominations. He 
asserted tliat three-fourths of the inhabitants of the 
province consisted of Presbyterians, Independents, 
Baptists, and Quakers, and declared that it would 



HISTORY OF MARYLAND. 45 

be impossible to pass a law which should compel the 
majority of the people of ^hirylaiul to maintain 
ministers of a persuasion contrary to their own. 

6. Having silenced this and other complaints, 
Lord Baltimore returned to ]\hiryland, and in 1680 
resumed the management of his government. His 
efforts for the welfare of the colonists led the As- 
sembly to ask his acceptance of one hundred thou- 
sand pounds of tobacco as a token of gratitude ; but 
he refused, on the ground of its being too great a 
charge on the province. 

7. About this time Josias Fendall, a former gov- 
ernor of the colony, assisted by John Coode, taking 
advantage of the excited state of public feeling in 
England against the Catholics, endeavored to stir up 
a rebellion in Ahiryland against the proprietary, and 
to overthrow his government. In this they were not 
successful, and in IGSl they were arrested and tried 
for sedition. Fendall Avas convicted, and punished by 
fine and banishment ; Coode, however, was acquitted. 

8. In the session of the Assembly of November, 
1682, the following circumstance occurred, which 
ma}^ give some idea of the temper and customs of 
the times. The Lower House refused to receive mes- 
sages from the Upper House by its members having 
their swords on; the Upper House then voted tliat 
no one from the Lower should come in with a mes- 
sage without taking off his hat. Tliis was aimed at 
some of the Quakers. Tlie controversy contiimed for 
some time, but finally the Upper House yielded. 



46 HISTORY OF MARYLAND. 

9. During the year 1682, William Penn came over 
to liis province of Pennsylvania. He had an inter- 
view with Lord Baltimore in regard to the boundary 
question, thfe latter insisting that his jurisdiction ex- 
tended northward to the 40th parallel, while Penn 
claimed a wide strip of territory south of this. The 
two proprietaries failing to settle the dispute amicably, 
Penn went to England to have the matter adjusted 
there, and eventually secured a decision in his favor, 
although many years elapsed before the boundary 
question was finally settled. 

10. In 1084, Lord Baltimore was ordered by the 
king to put all the offices in his province into the 
possession of the Protestants; but he returned to 
England the same year without doing so, leaving 
the government in the hands of a commission, of 
which William Joseph was president, under the 
nominal governorship of Benedict Leonard Calvert, 
the infent son of the proprietary. In 1685, Charles 
II. died, and was succeeded by his brother, the duke 
of York, under the title of King James II. 

11. In April, 1687, a writ of quo warranto was issued 
by King James, requiring Lord Baltimore to show 
cause why his charter should not be forfeited. Be- 
fore the proceedings could be terminated. King James 
himself was deposed, and his son-in-law, William, 
pi-ince of Orange, and his wife, Mary, the daughter 
of the exiled king, became king and qu^en of Eng- 
land. The charter was thus saved for a time to the 
proprietary. 



HISTORY OF MARYLAND. 47 

QUESTIONS. 

1. What was used by the colonists as currency ? 

2. Give an account of the expedition against the Susqnehannock 
Indians. 

3. When did Cecilius, Lord Baltimore, die? By whom was he 
succeeded ? 

4. What charge was made by the bishop of London ? 

5. How was it met by Lord Baltimore? 

6. How did the Assembly show its ajjpi-eciation of Lord Balti- 
more's efforts for the welfare of the colony ? 

7. Give an account of Fendall and Coode's attempt to incite re- 
bellion. 

8. What singular proceedings of the Assembly of 1682 are noted? 

9. Give an account of William Penn's interview with Lord Bal- 
timore. 

10. What order was received by Lord Baltimore in 1684? What 
was done by him ? 

11. What writ was issued by King James in 1687? What pre- 
vented further proceedings? 



CHAPTER IX. 
THE PROTESTANT REVOLUTION. 

Impeachment. The act of Ryswick (rizVik). A village 
charging an official with mis- of the Netherlands, in South 
behavior in oflUce. k Holland, two miles south-east 

Wi com^i CO. I of The Hague. 

1. Ox the 1st of August, 1689, occurred what is 
known as the Protestant revohition in Maryland, 
when Lord Bahimore's officials surrendered to the 
Protestants in arms; and the government passed 
into the hands of a Protestant association. This was 



48 HISTORY OF MARYLAND. 

the third time that the Protestants had come into its 
possession during the fifty-five years of its existence. 

2. Previous to this, much dissatisfaction had ex- 
isted in the province, growing mainly out of the dif- 
ference in religious belief between the adherents of 
the proprietary and those of the Protestant faith, the 
latter by this time being largely in the~ majority. 
The Lower House in their last session liad presented 
a long list of grievances, and liad even prepared arti- 
cles of impeachment against Lord Baltimore. 

3. On the 2Gth of August, IGSO, the Protestant 
association convened an assembly at St. Clary's. 
They issued an address to King William and Queen 
Mary, in which they asserted that their action in 
taking possession of the government was in conse- 
quence of the oppression of Lord Baltimore and his 
agents, who, they alleged, were dangerous to the ex- 
istence of the Protestant religion in Maryland. They 
therefore entreated their Majesties to assume the 
government of the province. 

4-. In IGOl the king and queen appointed Lionel 
Copley governor, and Maryland became a royal 
province. On the arrival of (Tovernor Copley, in 
1692, he called a meeting of the Oeneral Assembly ; 
and at this Assembly the second act passed was one 
making the Protestant religion of the Church of Eng- 
land the established religion of Maryland. Under 
this law the ten counties were divided by the county 
justices and freeholders into thirt}^ parishes. 

5. Governor Copley died the following year, and 



HISTORY OF MARYLAND. 49 

was succeeded by Sir Francis Nicholson. In October, 
1(394, the seat of g-overnnient was transferred from 
St. Mary's to AnnapoHs, where it still continues. 
This removal was fatal to the prosi)erity of the 
former town, which gradually fell into decay. Some 
trouble was caused at this time by the Jacobites, the 
adherents of the exiled King James, who were con- 
siderable in numbers and intluence. 

6. In 1694 the Assembly passed an act for the 
maintenance of free schools. This was the first act 
of the kind in the history of the province. It was 
re-enacted the next year, and for the support of the 
schools duties were laid on certain exports, espe- 
cially furs, in which the colonists had a large and 
profitable trade. The first important school estab- 
lished under this act was the King AVilliam's Free 
School, at Annapolis, in 1696. 

7. A remarkable pestilence broke out in 1694 
among the cattle and hogs of the province. The 
governor ordered returns to be made to him by the 
sheriffs of the counties of the numbers thus taken 
off. According to these retui-ns, there had died 
25,429 cattle and 62,373 hogs, being an average of 
three and one-half to each inhabitant, or more than 
seventeen to every family, in the province. In Decem- 
ber of this year Queen Mary died, and her husband 
reigned alone, under the title of William III. 

8. On the 20th of May, 1695, proclamation was 
made of an agreement entered into witb ('a])tain 
Perry to be post between the Potomac and Philadel- 

4 



50 



HISTORY OF MARYLAND. 



phia eight times a year. Starting from Newton's 
Point, Wicomico count}^ on the Potomac, he was to 
go by way of Benedict, Leonard Town, Annapohs, 
Kent Ishmd, Oxford, and Newcastle, Delaware. This 
was the earliest mail-route in Maryland. It con- 
nected Williamsburg, the seat of government in Vir- 
ginia, with Philadelphia. 




AVILLIAM AND MARY. 



9. In 1G97 the war between England and France 
commonly known as King AA'illiam's War was ended 
by the Treaty of Ryswick. During this war the col- 
onies of New York and New England suffered severely 
from the French, who had possession of C'anada, and 
from their Indian allies. The Southern colonies, 
including Maryland, escaped active hostilities, but 
were called on to furnish men and money for the 
assistance of their less fortunate neighbors. 

10. In 1607 the king presented to Annapohs a val- 
uable library, the remains of which are now in tlie 
library of St. John's College. On the burning of the 



HISTORY OF MARYLAND. 51 

State-house, in part, in 1704, the hbraiy was removed 
to King Wilham's School, and the books that re- 
mained were transferred to its successor, St. John's, 
when that came into existence, in 1784. INIany of 
those rare and curious old works are still to be found 
scattered about the State. 

11. In 1G07 the governor received from the king 
a command to send him all the wild deer, turkeys, 
partridges, mocking-birds and other song-birds, and 
wild animals that could be procured. It was there- 
fore ordered that as many as possible be obtained as 
a token of gratitude to his Majesty, who had done so 
much for his subjects in Maryland. The mocking- 
birds appear to have specially pleased King William, 
as the next year he sent for a hundred more. 

QUESTIONS. 

1. What is said of the Protestant revohition in Maryland? 

2. AVhat dissatisfaction existed ? What was done by the Lower 
Honse? 

3. What action was taken by the Protestant association? 

4. When did Maryland become a royal [irovince ? What was done 
by the Assend)ly? 

5. Who succeeded Governor Copley? When was the seat of 
government removed? What was the eflect on St. INIary's? 

6. Give an account of the first legislation for I'ree schools. 

7. What is said of the i)estilence of 1(394? 

8. Describe the post-route estal)lished in 1()95. 

9. What was the eflisct on the colonies of King William's War? 

10. Give an account of the library presented to Annai>()lis. 

11. What requisition was made by King William in 1097? 



52 



HISTORY OF MARYLAND. 



CHAPTER X. 
MARYLAND RESTORED TO LORD BALTIMORE. 



Com^mis sa ry. One to whom 
is committed some charge, duty, 
or office by a superior power. 

Dissenters. Those who sepa- 
rate from the service and wor- 
ship of an established Church, 
esi]ecially of the Church of 
Endand. 



Leveies. Reqi.isitions for troops 
or assessments of taxes, made by 
authority or by force for the 
public service. 

Disfranchised. Dispossessed of 
the rights of a citizen, or of a 
particular right, such as that of 
voting, holding office, etc. 



1. In 1698 a spring having medicinal properties 
was discovered in St. Mary's county, at which a great 
many poor people soon assembled, hoping to be bene- 
fited by the use of its w^aters. Being informed of 
this, Governor Nicholson appointed a man to read 
prayers there every day, sent the people Bibles and 
prayer books, and, besides other provisions, gave 
them a lamb every week. The place is now known 
as Charlotte Hall. Soon after this, Nicholson was 
appointed governor of A^irginia, and was succeeded 
in Maryland by Nathaniel Blackistone. 

2. In 1699 the State-house was struck by lightning 
while the Assembly was in session. Tlie flag-staff 
was splintered, the vane shaken down, the flag burnt, 
the door-posts and window-frames shattered, and sev- 
eral of the delegates struck down, one of them being 
killed. A shower of rain fjilling immediately, the 
State-house was saved by the exertions of the mem- 



' HISTORY OF MARYLAND. 53 

bers. A public thanksgiving was ordered soon after- 
ward. During this year the frontiers of ^hiryland, 
Pennsylvania, and Mrginia were threatened with 
an Indian war. 

3. In 1700 the Rev. Dr. Bray, the bishop of Lon- 
don's commissary for Maryland, arrived in the prov- 
ince. Soon after, he held a visitation of the clergy 
at Annapolis, at which were present eighteen clergy- 
men, ministering in twenty-one of the thirty parishes. 
At this meeting was originated the first missionary 
effort made by the Church of England on this conti- 
nent. Not long after this meeting the commissary 
returned to England, for the purpose of furthering 
the interests of the Maryland Church. 

4. In 1702, King AVilliam died, and, leaving no 
children, was succeeded by his sister-in-law, the second 
daughter of King James II., under the title of Queen 
Anne. A second war with France, known as Queen 
Anne's War, began this year, and, as before, the col- 
onists in America were soon involved. A requisition 
for supplies from Maryland in aid of New York was 
met by the answer from the Lower House of Assem- 
bly that the Indians were threatening the frontiers 
of Maryland, their depredations in the last few years 
having cost the province one hundred thousand 
pounds of tobacco, and that the colonists were 
obliged to defend themselves from the attacks of 
French armed vessels in the Chesapeake. 

5. It was stated in addition that to raise supplies 
by a money-tax was impossible, few of the families 



54 HISTORY OF MARYLAND. * 

luiving so much as five shillings of ready money, and 
the greater part being without the means to raise it ; 
that heavy expense had been incurred, which had 
not yet been discharged, in building a State-house, a 
free school, a church, and a prison at Annapolis ; 
that none but laborers or the best men of the prov- 
ince ought to be sent ; and that if they were sent it 
would lessen the abilit}^ to meet the public expenses. 
In view of this state of affairs, the Assembly asked to 
be excused from the requisition, and to be permitted 
to employ such money and troops as they could raise 
in the defence of their own province. 

6. In 1702 the provisions of the English Toleration 
Act were extended to Protestant dissenters, and the 
Quakers were declared to be entitled to the benefit 
of the English law permitting their affirmation to be 
received, instead of an oath. At this time the gov- 
ernor's chair was provisionally filled by Thomas 
Tench, a member of the Council. He was succeeded 
in 1703 by Governor John Seymour, who died in 
1709. Edward Lloyd, the president of the Council, 
then administered the government until the arrival 
of Governor Hart in 1714. 

7. In 1710 many German immigrants came into 
the province, and they appear to have settled in 
wliat afterward became Frederick county, where some 
years later they were joined by a large number of 
German and Swiss Protestants, known throughout 
the colony as " Palatines." In order to encourage 
their industry, they were released for the time being 



HISTORY OF 3IARYLANI). 55 

from tlie payment of their assessment in all i)ul)lic 
levies. From this class of immigrants liave sprung 
the various German denominations of Christians now 
existing in Maryland. 

8. In February, 171-4, Charles, Lord Baltimore, 
died, aged eighty-four, and was succeeded by his son, 
Benedict Leonard Calvert, who had conformed to the 
Church of England. The new proprietary survived 
his fother little more than a year, dying in April, 
1715, somewhat over thirty years of age. His title 
and estates descended to his minor son, Charles Cal- 
vert, under the guardianship of Lord Guilford. 

9. On the death of Queen Anne, in 1714, George L 
became king of Great Britain. He restored the prov- 
ince of Maryland, with all the rights and privileges 
of the original charter, to young Lord Baltimore, who 
had been educated a Protestant. Thus ended the royal 
government of Maryland, after an existence of more 
than twenty years. During this time two new coun- 
ties had been formed, and the population had in- 
creased to forty -four thousand. 

10. On the restoration of Lord Baltimore, Gov- 
ernor Hart, the last royal governor of the province, 
was continued in office. The Roman Catholics now 
claimed an equal part in the government with the 
Protestants. The governor, however, decided that 
their claim was contrary to the terms of the charter. 
In this he was sustained by tlie General Assembl}^ 
and the Roman Catholics consequently remained 
disfranchised. 



56 HISTORY OF MARYLAND. 

11. Annapolis luid now been the seat of govern- 
ment for more than twenty years. It contained a 
number of fine residences, and was becoming a centre 
of refinement, and even of luxury. A curious mar- 
ket-regulation in 1717 ordered that purchases of pro- 
visions, oysters excepted, should be made at theflagge- 
staffe on the State-house hill until such time as there 
should be a market-house built, under a penalty of 
sixteen shillings eight pence, current money. A 
drum-beat gave notice of the opening of the mar- 
ket, on Wednesday and Saturday mornings, and 
no person w^as permitted to buy anything until 
the drum had ceased beating. 

QUESTIONS. 

1. "What is said of the medicinal spring in St. Mary's county? 
What was done by Governor Nicholson ? 

2. What occurred in 1699? 

3. What is said of Dr. Bray ? What was organized at the meet- 
ing of the clergy in Annapolis? 

4. By whom was King William succeeded ? What ensued ? 
What was done by the Upper House? 

5. What further statement was made in regard to the condition 
of the colony? 

6. How were the provisions of the Toleration Act extended ? 
Who filled the governor's chair from 1703 to 1714? 

7. What is said of the German immigrants? 

8. Who succeeded Charles, Lord Baltimore? W^hat is said of the 
new proprietary ? 

9. What was done by King George I. ? 

10. Who was the last royal governor? What was claimed by the 
Catholics ? What was the result ? 

11. AVhat is said of Annapolis? Of the market-regulations? 



HISTORY OF MARYLAND. bl 



CHAPTER XI. 
ADJUSTMENT OF BOUNDARIES. 

Preston. A town of England, Tangent. Touching at a single 
in the county of Lancaster, situ- point, 

ated on the river Eibble, twenty- Arms. Tlie armorial ensigns of 
eight miles north-east of Liver- a family, consisting of iigures 
pool. and colors, borne in shields. 

Chancery. The highest Eng- banners, etc , as marks of dig- 
lish court of judicature, next to nity and distinction, and de- 
the Parliament. scending from father to sou. 

1. In 1721 a cargo of Scotch prisoners arrived in 
Maryland. They had been taken six years before, at 
the battle of Preston, when fighting for the restoration 
to the throne of Great Britain of James Stuart, son of 
the deposed king, James II. A still larger number 
were brought out after another defeat, thirty years 
later. They were known as the " king's passengers," 
and many of them became valuable citizens. The 
Scotch have formed a large element of the popula- 
tion of Maryland, and have been noted for their 
energy and success in life. 

2. The interest in public education was revived in 
1723, and a number of prominent gentlemen through- 
out the province were appointed trustees and school- 
visitors, with power to establish scliools in tlie various 
counties. These schools were accordingly estabHslied 
and endowed after the manner of King WilHam's 
School at Annapolis, created under the act of lt)f)2. 



58 HISTORY OF MARYLAND. 

3. In 1727 the Maryland Gazette, the first news- 
paper of the province, was establislied at Annapolis 
by William Parks. At that time there were but six 
other newspapers published in America. The Gazette 
was discontinued in 1736. In 1745 it was revived 
under the management of Jonas Green, and it still 
continues in existence, " the flourishing patriarch of 
American journals." 

4. About the year 1727 the planters of Mary- 
land were so much annoyed by the depredations of 
the crows and squirrels upon their grain-fields, and 
of the wolves ^pon their live-stock, that it became 
necessary to ask for legislative action for protection 
against their ravages. Accordingly, it was enacted 
that the head of every family should be required to 
produce every year three crows' heads or three squir- 
rels' scalps for each taxable member of the family. 
For a wolf's head a reward of two hundred poun<ls 
of tobacco was offered. 

5. In 1729 the town of Baltimore was created by 
an act of the General Asseml^ly. It was located at 
the head of Patapsco Bay, about twT^lve miles from 
the Chesapeake, where for more than sixty years 
scattering settlements had existed. In 1730 sixty 
acre& of land were purchased of Charles and Daniel 
Carroll and divided into acre-lots. The north-western 
corner -lot is that on which St. Paul's church now 
stands. For some years the growth of Baltimore 
was slow, l)ut its commercial advantages finally at- 
tracted population, and its limits became extended 



HISTORY OF MARYLAND. 59 

by the incorporation of adjoining settlements. At 
the beginning of the Revohition it contained about 
six thousand people, and from this time it rose rap- 
idly in importance. 

6. The year 1734 was the hundredth year of the 
existence of Maryland as a province. Notwithstand- 
ing the wise and liberal policy of the founders, it had 
not escaped troubles from without and dissensions 
among its own people. In spite of these, however, 
the colony had prospered. It possessed great natu- 
ral advantages, and its settlers were not adventurers 
in search of fortune, but men of various beliefs and 
nationalities seeking peaceful and secure homes in 
the New World. 

7. The population at this time numbered about 
one hundred and twenty thousand, apportioned! 
among some twenty towns and five thousand plan- 
tations. Over one hundred vessels were employed in 
trade, a large portion of which was in tobacco, which 
was still the staple of Maryland and the general cur- 
rency of the province. The records ten years later 
show an exportation of fifty thousand hogsheads of 
tobacco. Wheat and Indian corn were also exported 
in large quantities. 

8. In 1735 the border difficulties whicli had long 
existed between Pennsylvania and Maryland culmi- 
nated in tumults, violence, and even l)loo(lslie(l. Ref- 
erence has already been made to the conflicting claims 
growing out of the terms of the charters granted to 
William Penn and to Lord Baltimore, and to the 



60 HISTORY OF MARYLAND. 

earlier attempts to adjust these claims. In 1732 com- 
missioners had been appointed to settle the boundary 
question, and in 1735 the king directed proceedings 
in chancery to be instituted. In the mean time, land- 
grants had been made by both the proprietaries in 
the disputed districts. The chancery decision was 
not obtained till 1750, and was in favor of the Penn 
family. 

9. The boundaries of Delaware, as agreed upon by 
the commissioners in 1732, were as follows : A line 
drawn due w^est from Cape Henlopen to the centre of 
the peninsula, thence northward to the most western 
point in the circumference of a circle of twelve miles' 
radius, liaving the town of Newcastle for its centre. 
From this tangent-point the line ran due north to a 
parallel passing fifteen miles below the most southern 
limit of Philadelphia. Here the east-and-west bound- 
ary-line between Pennsylvania and Maryland — known 
as Mason and Dixon's line — commenced. 

10. Charles Mason and Jeremiah Dixon were cele- 
brated mathematicians and astronomers. They ar- 
rived in Philadelphia in November, 1763, and at 
once began to lay out the boundaries. Having fixed 
the point of intersection of the Pennsylvania, Dela- 
ware, and Maryland lines, they continued their line 
due west two hundred and forty-four miles. At the 
end of every fifth mile a stone was placed, graven 
with the arms of the Penn family on one side and 
those of Lord Baltimore on the other. The interme- 
diate miles were denoted bv smaller stones having an 



HISTORY OF MARYLAND. 61 

M on one side and a P on the other. The work was 
completed in December, 17G7. 

11. It will be seen from the map that the present 
limits of Maryland difler considerably from those 
claimed under the charter granted to Lord Baltimore. 
The territory surrendered by Maryland includes the 
whole of Delaware and a wide strip of Pennsylvania, 
comprising nearly two million acres. In addition to 
this, Maryland still claims half a million of acres, 
now included in West Virginia, between the North 
and the South branch of the Potomac. The southern 
boundary-line between Maryland and Virginia was 
finally settled in 1877 by a joint commission ap- 
pointed by the two States, who established the line 
claimed by the former State. 

QUESTIONS. 

1. Give an account of the " king's passengers." 

2. What was done in 1723 in regard to public education? 

3. Give an account of the Maryland Gazette. 

4. What was done in reference to the depredations of crows, 
squirrels, etc. ? 

5. Give the history of Baltimore. 

6. What is said of Maryland in 1734? 

7. Of its population and trade ? 

8. Give some account of the border difficulties between Mnryland 
and Pennsylvania. 

9. Describe the boundary-lines arranged in 1732, 

10. Describe the work of Mason and Dixon. 

11. What territory was surrendered by Maryland? AVhen and 
how was the southern boundary-line between Maryland and \'irginia 
settled ? 



62 HISTORY OF MARYLAND. 



CHAPTER XII. 

THE FRENCH AND INDIAN WAR. 

Aix - la - Chapelle (aiks-lah- | Duquesne (du-kainO- 

sliali-peK). A frontier city of i Prime Minister. Tiie respon- 
Rhenish Prussia, forty miles sible head of a ministrv or ex- 



west-south-west of Cologne. 
Conecocheague (kon-e-ko- 
cheeg^). 



ecutive government ; applied 
particularly to that of Eng- 
land. 



1. In 1744 war again broke out between England 
and France. Tliis war — historically known as King 
George's war — may be considered the commencement 
of the grand final struggle, of nearly twenty years' 
duration, for supremacy in America. Beyond some 
depredations of French privateers upon the planta- 
tions along the Chesapeake, Maryland was not in- 
volved in the conflict. The Treaty of Aix-la-Chapelle, 
in 1748, put a stop to active hostilities, which, how- 
ever, were renewed a few years later. 

2. From the answers to queries of the Board of 
Trade and Plantations in 1748, we find that there 
were about fifty vessels owned by Marylanders en- 
gaged in trade ; that there were a great many iron- 
mines, some of wliich were very productive; that eight 
furnaces made pig-iron, and nine bar-iron ; and tliat 
the white population, which had been much increased 
by the influx of the Germans, ]uiml)ered ninety-four 
thousand, and the black thirtv-six thousand. 



HISTORY OF MARYLAND. 63 

3. The number of Indians had greatly decreased. 
They had before this begun by degrees to remove from 
the province, and during 1748 the great body of the 
Nanticokes departed from the Eastern Shore and 
sought homes in Pennsylvania and New York, near 
the head-waters of the Susquehanna. Others went 
to Canada. In accordance with a singular custom, 
they carried with them the bones of their dead. The 
Choptank Indians remained in the province until 
they finally became extinct. 

4. In 1751, Charles, Lord Baltimore, died. In 1727 
he had been for a year governor of Maryland, and 
again from 1733 to 173(3. During his proprietorship 
Worcester county had been erected out of Somerset 
in 1742, and Frederick county out of Prince George 
in 1748. He was succeeded by his son Frederick, 
who was the sixth and last Lord Baltimore. 

5. In answer to further inquiries by the Board of 
Trade and Plantations in 1754, the number of white 
inhabitants was stated to be one liundred and ten 
thousand, and that of the blacks forty-six thousand. 
Since 1748 two thousand eight hundred Germans 
had been brought into the province, and five thou- 
sand immigrants from Great Britain and Ireland. 
Of tlie Indians of tlie province, there remained only 
one hundred and forty. According to the returns 
of the sheriffs to the governor, the Roman Catliolics 
at this time constituted one-twelfth of the population, 
and llicir Inndcd estate was estimated to be on(^-t]iir- 
teenth of the whole. 



64 HISTORY OF .MARYLAND. 

6. The French in Canada had at this time under- 
taken to estahhsh communications between Quebec 
and New Orleans along the Alleghan}^, Ohio, and 
Mississippi rivers. They claimed all the country 
west of the Alleghan}^ Mountains, and sought to 
protect their claim by a line of forts and military 
posts along the above-named rivers. The English 
also claimed the same territory, and grants of half a 
million acres near the head-waters of the Ohio River 
were made by the king to a company called The 
Ohio Company. The latter found that the French 
were encroacliing on this territory, and measures 
were taken to build a fort at the junction of the Alle- 
ghany and the Monongahela. The French promptly 
interfered, drove the English away, and finished the 
fort themselves, calling it Fort Duquesne. 

7. This was before the war now known as the 
French and Indian war was formally declared be- 
tween England and France. The province of Mary- 
land raised two companies of soldiers for the assist- 
ance of Virginia and for the protection of her own 
borders. The command of all the forces raised to 
oppose the French on the Ohio was conferred by a 
royal commission on Governor Sliarpe. Fort Cum- 
berland, on the frontier, was built to protect the bor- 
der settlements, and the Assembly voted six thousand 
pounds for the defence of their own and the neigh- 
boring province. Provision was also made for any 
of the soldiers Avho should be wounded in the service 
of Maryland. - 



HISTORY OF 3IARYLAND. 



65 



8. In 1755, General Braddock, as commander-in- 
chief, was sent out to America witli two regiments 
of British troops. On his arrival at Alexandria, Vir- 
ginia, he held a conference with the governors of 





VIEW NEAR CT^MBERLAND. 



led by Braddock himself 



Massachusetts, New 
York, Pennsylvania, 
Maryland, and Vir- 
ginia. Several expe- 
ditions were agreed 
upon, the one against 
Fort Du(piesne being 
In June he left Fort Cum- 



berland with a force of nearly two thousand reguhir 
and colonial troops. 

9. General Braddock, though a brave officer and 
experienced in European warfare, had l)ut little 
knowledge of th'^ Indian methods of lighting. He 



66 HISTORY OF MARYLAND. 

rejected with scorn the advice of Colonel George 
Washington, who was one of his aids, and who had 
experience in warfare against the savages. On the 
9th of July, 1755, when within a few miles of Fort 
Duquesne, the troops were assailed by a small force 
of French and Indians in ambush, and sixty-four 
out of eighty-live of the officers, with nearly one-half 
of the men, were killed or wounded. General Brad- 
dock himself was killed, and the remnant of the 
army, saved by the skill and courage of Washing- 
ton, finally reached Philadelphia. 

10. The French and Indians followed up their 
victory by invading and laying waste the frontier 
settlements of Pennsylvania, Maryland, and Virginia. 
Universal terror prevailed, and in Maryland tlie panic 
extended even to the Chesapeake, l^pward of twenty 
plantations were devastated and their occupants mas- 
sacred or carried into captivity. The savages came 
within sixteen miles of Frederick. From that place 
w^est to the Conecocheague River, but two families 
remained in 1756. 

11. For the better protection of the people of Mary- 
land, Fort Frederick was built in 1750, near where 
the town of Hancock now stands. During the same 
year Avar was formally declared between England and 
France, and several expeditions were sent against 
the enemy, but without success. In feet, the only 
success of the year was the defeat of tlie Indians at 
Kittanning and the destruction of their town. Tlie 
operations of 1757 were also disastrous to the Eng- 



HISTORY OF MARYLAND. G7 

lish ; and so great was the dissatisfaction of the na- 
tion with the conduct of the war that a new admin- 
istration was formed, with WilHam Pitt as prime 
minister. 

12. Pitt began his work by persuading the colonies 
to raise twenty-eight thousand men, to co-operate 
with twenty-two thousand sent from England. In 
November, 1758, a portion of these troops, mainly 
from the colonies, moved against Fort Duquesne, 
which the enemy were forced to abandon. The 
fort was occupied by the English and colonial troops, 
and named Fort Pitt. Maryland and the adjoining 
colonies were at once relieved from the burden of 
war, and Governor Sharpe, by proclamation, ordered 
a public thanksgiving. 

QUESTIONS. 

1. What war broke out in 1744? How was Maryland affected? 
When and liow was the war closed ? 

2. What is said of JNIaryland in 1748? 

3. Give an account of the removal of the Indians. 

4. When did Charles. Lord Baltimore, die? What occurred 
during his proprietorship? Who succeeded him? 

5. Describe the state of affairs in Maryland in 1754. 

6. Wliat eff()rts wei'e made by the French to secure the territory 
claimed by them? What was done by tlie English ? 

7. What was done by Maryland ? 

8. Give an account of the movements of General Braddock. 

9. What is said of General Braddock? Describe his defeat. 

10. What results followed? 

11. What was done in 1756? In 1757? 

12. What measures were taken by Pitt? Give an account of the 
second expedition against Fort Duquesne. 



68 



HISTORY OF MARYLAND. 



CHAPTER XIII. 



TAXATION OF THE COLONIES. 



Null and Void. Of no legal 
or binding force or effect what- 
soever. 

Dead Letter. That which has 
fallen into disuse. 



Circular Letter. A letter ad- 
dressed to a number of persons 
having a common interest. 

Prorogued. Adjourned for an 
indefinite time. 



1. The tide hacrnow turned in favor of the Eng- 
lish, and success followed success, until the capture 
of Quebec, in 1760, virtually closed the war in Amer- 
ica. In 1703, by the Treaty of Paris, France gave up 
all her American possessions east of the Mississippi 
and north of the Iberville River, in Louisiana. In 
addition to effecting this important acquisition of 
territory, the long conflict had brought the colonies 
into closer relations with one another, and had de- 
veloped the self-reliance which enabled them at a 
later period to resist successfully the encroachments 
of the motlier-country. 

2. To meet the expenses of the war, the General 
Assembly of Maryland in 1758 had resorted to taxa- 
tion. Various articles of luxur}^ were taxed ; all per- 
sons twenty-five years of ago and upward who were 
worth one hundred pounds and less than three hun- 
dred were taxed five shillings, and tliose who were 
w^orth more than ^three hundred pounds were taxed 
twenty shillings, per annum. A list of these persons 



HISTORY OF MARYLAND. 69 

was required to be returned to the governor annually 
by the vestries of the several parishes. This tax was 
paid for five successive years. 

3. The expenses of the French and Indian war 
amounted to three hundred millions of dollars, and 
the British ministry declared that the colonies ought 
to pay their share. True, the colonists had spent 
eleven millions of dollars of their own, and had 
suffered untold hardships throughout their widely- 
extended frontiers; but this, in the judgment of Brit- 
ish statesmen, was but a small proportion of the cost 
of the war. 

4. Accordingly, in March, 1764, the British House 
of Commons resolved " that Parliament had the right 
to tax America ;" and, following up this resolution, 
an act was passed in April laying duties on certain 
articles imported into the colonies. At the same 
time, iron and lumber were classed among a list 
of articles which could be exported only to England. 
This was an attempt to destroy American manufac- 
tures and make the colonists more dependent upon 
the mother-country. 

5. The conduct of the ministry and Parliament 
tended to alienate the feelings of those who still had 
a deep veneration for " home," as England w^as yet 
fondly called. The colonists protested against the 
invasion of their liberties, declaring that they had 
contributed more than their share in the late wars, 
that they were now able to protect themselves, and 
that " taxation without representation was tyranny." 



70 HISTORY OF MARYLAND. 

6. This independent spirit on the })art of the colo- 
nists irritated England, and in March, 1705, the odious 
Stamp Act passed the House of Commons by a large 
majority ; in the House of Lords it met with no oppo- 
sition. The act provided that stamps bought of the 
British government should be placed on all news- 
papers, and made null and void all legal documents 
issued in America on unstamped materials. 

7. This measure thoroughly aroused the colonists. 
The Maryland Assembly, as soon as it could be con- 
vened, entered an earnest protest against this and 
every other attempt to infringe upon the rights of 
the people. Thomas Ringgold, William Murdock, 
and Edward Tilghman were appointed delegates to a 
general convention of the colonies which had been 
called to meet in New York in October, 1775. This 
convention is known as the First Colonial Congress. 
It issued an address and petition to the king and 
Parliament, in which the rights and grievances of 
the colonists were fully set forth. 

8. In the mean time, the people of Maryland had 
taken vigorous action in the matter of stamps. The 
distributor appointed for the province met with great 
opposition, and was finally compelled to leave the 
country. In Frederick county the court boldly de- 
clared the Stamp Act to be unconstitutional. An 
association called the " Sons of Liberty " was formed, 
which compelled the courts and public officers at 
Annapolis to transact business without the use of 
stamps. The act became a dead letter in Maryland, 



HISTORY OF MARYLAND. 71 

and so great was the opposition throngliout tlie whole 
country that in March, 176(), it was repealed. 

9. In 1767 the English Parliament enacted a new 
tax-bill. By this act, tea, paints, paper, glass, and lead 
were subjected to a duty, and revenue commissioners 
were sent over to enforce the law. When the news 
reached America, the excitement was revived, and the 
agreement not to use imported articles was renewed. 
The Massachusetts Legislature sent a circular letter 
to the other colonial Assemblies advising them to 
draw up petitions to the Crown, and urging con- 
sultation and co-operation. 

10. The Maryland Assembly met in May, 1768, 
and, disregarding the advice and warning of the 
governor, proceeded to prepare a petition as sug- 
gested. Upon this, they were at once prorogued by 
Governor Sharpe, who had received instructions from 
England to that effect. Throughout the province 
associations were formed to discourage the use of 
certain British goods. The trade of Baltimore suf- 
fered in consequence, but the people stood firm in 
their opposition. 

11. In 1769, Governor Sharpe was succeeded by 
Robert Eden, the last provincial governor of Mary- 
land. Soon after his arrival he purchased of Ed- 
ward Jennings, by whom it had been built, what 
has since been called the (government House. From 
Governor Eden it passed into the possession of the 
State, and was occupied for nearly a hundred years 
by the governors of Maryland. During this year, 



72 HISTORY OF MARYLAND. 

paper money, or " l)ills of credit," were issued by 
Maryland lor use in the province, and an a})})ropri- 
ation of seyen thousand pounds sterling was made 
by the General Assembly for building a State-house 
at Annapolis. 

12, The Church of England, which had been es- 
tablished by law in Maryland, was supported by 
tithes, or taxes. These at first were at the rate of 
forty pounds of to])acco a head, which was afterward 
reduced to thirty. The colonists, in their growing 
independence, felt this to be a burden, and the proc- 
lamation of Goyernor Eden, in 1770, announcing the 
restoration of the former rates, was received with 
every manifestation of opposition and defiance. 

QUESTIONS. 

1. What virtually closed the war in America? What did France 
surrender? What effect had tlie war on the colonies? 

2. What taxes were inijiosed by the General Assembly ? 

3. What was the cost of the French and Indian war? 

4. What was done by the British House of Commons? 

5. What effect had their action on the colonies? 

6. Give an account of the Stamp Act. 

7. What was done by the Maryland Assembly? Give an account 
of the First Colonial Congress. 

8. What course did Maryland pursue in regard to the use of 
stamps? When was the act repealed? 

9. Give an account of the tax-hill of 1767, and of its reception by 
the colonies. 

10. What was done by the Assembly of 17r)8? What followed? 

11. Give an account of Governor Eden. Of paper money. 

12. How was the Church of England supported in Maryland? 
What was the effect of Governor Eden's proclamation? 



HISTORY OF MARYLAND. 73 



CHAPTER XIV. 
EVENTS PRECEDING THE REVOLUTION. 



Boston Port Bill. A bill passed 
by the British ParKument, 
March 31, 1774, shutting up 
the harbor of the citv of Boston. 



Minute -men. Men enlisted for 
service wherever required, and 
ready to march at a moment's 
notice. 



1. The cletermiDation of tlie colonies not to pur- 
chase British goods had a marked eftect in Enghiiid. 
Commercial depression followed, and public opinion 
demanded some concession to the Americans. The 
ministry, accordingly, in 1770, repealed all the taxes 
except that of tliree})ence per pound on tea. This 
was retained more for the purpose of asserting their 
right to tax the colonies than for the amount of reve- 
nue to be derived therefrom. The colonists, who were 
contending for a })rinciple, refused to pay even this 
small tax, imposed without their consent. 

2. In 1771 the last Lord Baltimore died, leaving 
no children by his marriage. His character was such 
that he was held in ver}" little respect throughout the 
province, in which, indeed, he took no interest beyond 
the collection of his annual revenues, amounting, it 
is said, to sixty-four thousand dollars. By his will 
his Maryland possessions passed to an illegitimate 
son, Henry Harford, the last i)ro})rietary of Mary- 
land. 

3. In 1774, IMaryland claimed a population of 



74 HISTORY OF MARYLAND. 

three hundred and twenty thousand, ^^irginia and 
Massachusetts were the only colonies that reported a 
greater number. The Revolution was making rapid 
progress, and the last provincial General Assembly 
was held in March of this year. A convention, called 
by the people, met in June and proposed the severing 
of all commercial relations with Great Britain. It 
also provided that subscriptions should be taken in 
every county for the relief of the people of Boston, 
who were then suffering from the effects of the Boston 
Port Bill. Matthew Tilghman, Thomas Johnson, Jr., 
Robert Goldsborough, William Paca, and Samuel 
Chase were appointed delegates to attend the Con- 
tinental Congress. 

4. In the mean time, large quantities of tea had 
been sent to America. The people of Boston threw 
a cargo overboard, and were punished by the pas- 
sage of the Port Bill. New York and Philadelphia 
sent their cargoes back to England. In Charleston 
the tea was stored in damp cellars, and thereby 
spoiled. In Maryland the people acted with equal 
energy and determination. 

5. On the 19th of October a vessel named the 
Peggy Stuart arrived at Annapolis, bringing seven- 
teen packages of tea from London. On this tea the 
owner paid the duty. When this became known, 
great excitement ensued, and a meeting was held to 
prevent its landing. To appease the general indig- 
nation, the owner at first proposed to land the tea 
and destroy it ; but, acting on the advice of Charles 



HISTORY OF MARYLAND. 75 

CaiTull, who was then prominent in i)ublic atlairs, he 
set fire to the vessel with liis own hands, in open day, 
and destroyed it* in the presence of the assembled 
citizens. 

6. The Second Colonial, or First Continental, Con- 
gress met at Philadelphia on the 5th of September, 

1774. Every colony had a representation except 
Georgia, whose governor would not permit it. The 
delegates were men of wisdom and influence, but had 
not at that time formed any very definite ideas of 
independence. They passed a declaration of rights, 
framed addresses to the king and people of England, 
and recommended the suspension of commercial rela- 
tions with the mother-country. They then adjourned 
to meet on the 10th of ^lay, 1775. 

7. The Maryland convention assembled for the 
second time in November, 1774. They resolved 
" that every person in the province ought strictly 
and inviolably to observe and carry into execution 
the articles of association agreed on by the Conti- 
nental Congress." They also recommended that 
"during the present time of calamity balls and 
dancing-parties be discontinued." In December the 
third convention was held. It prepared for active 
hostilities by providing for the organization of troops, 
and for raising ten thousand pounds for their equip- 
ment. 

8. The fourtli convention met on the 24th of April, 

1775, and on the 28th received news of the battle of 
Lexington. Still they did not lose hope of a final 



76 HISTORY OF MARYLAND. 

reconciliation with the mother-country. It was re- 
solved that " George III. is lawful and right king of 
Great Britain and of the dominions thereto belong- 
ing, and that the people of this province do owe, and 
wdll bear, faith and true allegiance to him." At the 
same time, particular attention was recommended to 
be paid to forming and exercising the militia in 
every county. 

9. Throughout the province every settlement was 
now^ engaged in preparing for active hostilities, and 
those who were not infected with the general excite- 
ment were considered enemies to the cause of liberty. 
On the 10th of May, 1775, the Continental Congress 
again assembled at Philadelphia, and elected John 
Hancock for its president. It assumed authority 
over the " United Colonies of America," and voted 
to raise an army of twenty thousand men. George 
Washington was nominated for commander-in-chief 
by Thomas Johnson of Maryland, and unanimously 
elected. 

10. The fifth JVIaryland convention met in An- 
napolis in July. By this time the battle of Bunker 
Hill had been fought and Washington had taken 
command of the Continental army at Cambridge, 
Massachusetts. This convention resolved that the 
articles of association for the maintenance of peace, 
good order, and law should be subscribed by all the 
freemen of the province, and those wdio should refuse 
w^ere to be noted. Forty companies of minute-men, 
of eighty-two each, wxre called for, and all able- 



HISTORY OF MARYLAND. 77 

bodied men from sixteen to forty -five years of age 
were to be enrolled. 

11, A council of safety, composed of sixteen mem- 
bers, was appointed by the convention to carry on the 
government, and paper money to the amount of two 
hundred and sixty-six thousand dollars was issued. 
A declaration of the Association of the Freemen of 
Maryland was issued at this time, preceding by 
nearly a year the Declaration of Independence 
adopted by the Continental Congress in Philadel- 
phia on the 4th of July, 1776. 

12. At the sixth convention, held on the second 
Tuesday in September, 1775, committees of observa- 
tion and correspondence were appointed. The provin- 
cial government still had a nominal existence, though 
the real power was in the hands of the convention. 
Three of the leading clergymen of the Established 
Church left the province and went to England, and 
three were arrested and imprisoned. The larger por- 
tion, however, were on the side of American liberty. 

QUESTIONS. 

1. What was the effect of the determination of the colonies not 
to purchase British goods? What was done by the British minis- 
try ? By the colonists? 

2. What is said of the last Lord Baltimore? 

3. What was the conditi(m of Maryland in 1774? Give an 
account of the convention held that year. 

4. What was done hy the colonists with the cargoes of tea sent 
them? 

5. Give an accoinit of the Peggy Stuart. 



78 HISTORY OF MARYLAND. 

6. Give an account of the First Continental Congress. 

7. What was done by the second Maryland convention? The 
third ? 

8. (rive an acct)unt of the fourth convention. 

9. When and where did the Second Continental Congress meet ? 
What was done by this Congress ? 

10. What was done by the fifth Maryland convention? 

11. What is said of the council of safety ? Of paper money ? Of 
the declaration of the Association of Freemen ? 

12. Give an account of the sixth Maryland convention. What is 
said of the clergymen of the Established Church? 



CHAPTER XV. 

DECLARATION OF INDEPENDENCE. 

Battalion. A body of infantry j Hessians. Troops from Hesse- 
consisting of from two to ten Cassel, in Germany, who had 
companies. been hired to fight for Great 

White Plains. A village in i Britain. 

White Plains township, about Flying-camp. A camp or body 
twenty-two miles north by east of troops formed for rapid move- 
of New York City. : ment from one place to another. 

1. On the 1st of January, 1776, the seventh Mary- 
land conyention assembled. A battalion of regular 
troops, consisting of eleven hundred and forty men, 
was ordered to be raised, and William Smallwood 
was appointed colonel. Still wishing to avoid an 
absolute separation from Great Britain, though reso- 
lutely bent on maintaining their rights, instructions 
were given to their delegates in the Continental Con- 
gress not to assent to any proposition declaring the 



HISTORY OF MARYLAND. 79 

colonies independent withont the approbation of the 
convention. They were also directed to support any 
effort toward an honorable reconciliation. 

2. In March the Bi'itish were compelled to evac- 
uate Boston, and, soon after, Washington marched 
his army to the defence of New York. About this 
time the people of Maryland were mucli annoyed by 
Lord Dunmore, the late royal governor of Virginia. 
He had been obliged the year before to seek refuge on 
board a British man-of-war, and in revenge lie now 
harassed the colonists on both sides of the Chesapeake. 
He also succeeded in stirring up disaffection on the 
Eastern Shore, but was thwarted in the full accom- 
plishment of his designs by the Committee of Safety. 
Baltimore and Anna})olis erected batteries for the 
defence of their harbors, and thus escaped the fate 
of Norfolk, which was burned by Dunmore. 

3. Tlie eighth convention met in May, 1776. All 
oaths taken to the proprietary government were 
declared null and void, prayers for the king were 
directed to be omitted in churches and chapels, 
and all the powers of government were to be exer- 
cised under the authority of the people. In addition 
to this. Governor Eden, who had hitherto remained 
undisturbed in the province, was requested to leave, 
in consefpience of the interception of letters of 
instruction to him from the Britisli ministry. He 
was allowed to depart unmolested on one of Lord 
Dunmore's vessels. 

4. On tlie 18th of June the ninth convention met. 



80 HISTORY OF MARYLAND. 

and after considerable discussion agreed to instruct 
their delegates in the Continental Congress, then in 
session, to concur in declaring the united colonies 
free and independent, provided " that the sole and 
exclusive right of regulating the internal govern- 
ment of this colony be reserved to the people there- 
of." These instructions reached Philadelphia on 
the 2d of July, and on the 4th the Declaration of 
Independence was adopted, and the thirteen colo- 
nies became a nation, under the title of The United 
States of America. 

5. On the same day the ^laryland convention 
elected Charles Carroll to fill a vacancy in Congress, 
and, though not present at the passage of the Decla- 
ration of Independence, he afterward signed it, adding 
to his name the words " of Carrollton " — the title of 
his estate — in order that there might be no mistake 
as to his identity. In the mean time, provision had 
been made for the election of a new convention, with 
power to form a new government, and three thousand 
four hundred of the militia had been called out, to 
constitute a flying-camp. 

6. The convention for forming a State constitution 
met on the 14th of August, and continued in session 
till the 11th of November. Frederick county was 
divided into three counties — Montgomery, Frederick, 
and AVashington. The State constitution was formed, 
the proprietary government swept away, and a new 
and independent government organized. The Church 
of England ceased to be the established Church, the 



HISTOBY OF MARYLAND. 81 

tithes for its support were abolished, and, in conse- 
quence, many of tlie cliurches were closed. 

7. In August, 1770, the Britisli general Sir William 
Howe commenced operations against New York, His 
troops were landed on Long Island, and on the 27th 
a battle was fought, in which the Americans were 
defeated. In this battle Colonel Smallwood's Mary- 
land battalion, under the command of Major Mor- 
decai Gist, displayed the most determined bravery. 
They checked the advance of the entire British army 
until the Americans made good their retreat. Out 
of seven hundred and fifty men composing the bat- 
talion, two hundred' and fifty-six were killed or 
wounded. 

8. The defeat on Long Island compelled Washing- 
ton to abandon New York. He retreated northward 
to White Plains, followed by Howe. Here a battle 
was fought, in wliicli tlie Maryland troops participated, 
and Colonel Small wood was wounded. The advan- 
tage was with the British, and, soon after, Washing- 
ton crossed the Hudson and retreated through New 
Jersey, closely pursued by Lord Cornwallis. In 
December the American army, half starved and 
poorly clad, crossed the Delaware River near Trenton, 
and the enemy abandoned the pursuit. 

9. The close of 177<) found the people of the United 
States greatly depressed over these reverses. The 
American soldiers had displayed great courage and 
endurance, but they were disheartened ])y sutFering 
and defeat. Tlie Maryland Line liad made a glorious 



82 HISTORY OF MARYLAND. 

record, but their numbers were reduced to a mere 
handful. At this critical period Washington by a 
brilliant movement surprised and captured a force 
of Hessians at Trenton, and soon after skillfully 
avoided an engagement with Cornwallis and defeated 
a detachment of the enemy at Princeton. 

10. During this memorable retreat through New 
Jersey, Congress removed for safety to Baltimore. Its 
sessions were held in a building on the south-east 
corner of Baltimore and Liberty streets. At this time 
endeavors were made to obtain assistance from Europe, 
and Benjamin Franklin, Silas Deane, and Arthur 
Lee were despatched as commissioners to the court 
of France. To meet the emergency of the times, 
Washington was invested with almost unlimited 
powers. 

QUESTIONS. 

1. What Avasdone by the seventh Maryland convention ? 

2. Give an account of the proceedings of Lord Dunmore. 

3. What was done by the eighth convention? 

4. What was done by the ninth convention? 

5. What is said of Charles Carroll ? Of a new convention ? 

6. What was done by the convention for forming a State consti- 
tution ? 

7. Give an account of the battle of Long Island. 

8. What is said of Washington's subsequent movements? 

9. What was the condition of affairs at the close of 1776 ? 

10. Where was Congress now in session? Who were sent as com- 
missioners to France ? 



HISTORY OF 3IARYLAND. 83 



CHAPTER XVI. 
PROGRESS OF THE REVOLUTION. 



Reciprocal. Done by each to 
the other ; mutuah 

Maryland Line. The regular 
infantry of Maryland, as dis- 
tinguished from her militia, 
cavalry, artillery, etc, 



Freehold.) The county-seat of 
Monmouth county, N. J., twen- 
ty-five miles east of Trenton. 

Loyalists. Those who adhered 
to the British government. 

Con^fiscate. To appropriate, 



Monmouth (Mon'muth). (Xow i as a penalty, to the public use. 

1. The first Legislature ' of Maryland under the 
new constitution met on the 5th of Fehruary, 1777, 
and on the loth elected Thomas Johnson, of Annfe 
Arundel county, governor. He " was inaugurated at 
Annapolis on the 2ist of March. Upon the principle 
that in every State allegiance and protection are re- 
ciprocal, and that no man is entitled to the latter who 
refuses the former, all who declined to take the oath 
of allegiance to the State were disfranchised and 
made subject to treble tax. 

2. At this session of the Legislature provision was 
made for recruiting the Maryland Line. It was 
finally increased to seven battalions, which were 
divided into two brigades. Colonel Small wood, now 
promoted to the rank of a brigadier-general, was 
placed in command of the First Brigade, while the 
other was assigned to (leneral Deborre, a French 
officer who had entered into the service of the United 
States. 



84 HISTORY OF MARYLAND. 

3. About this time an insurrection of several hun- 
dred Tories from Somerset and \W)rcester counties 
and from Sussex county, Delaware, took place near 
Salisbury, and was of so threatening a character that 
General Smallwood and Colonel Gist, with a Virginia 
regiment, were sent from Annapolis to quell it. Not 
long after this a party of loyalists congregated near 
Pipe Creek, in Frederick county ; but the appearance 
of a party of militia put them to flight. In neither 
instance was any blood shed. Some of the Tories 
were taken and imprisoned, but they were after- 
ward pardoned. 

4. In September, 1777, the British occupied Phila- 
delphia, having advanced by way of the Chesapeake 
— without, however, molesting the people of Mary- 
land. Washington had endeavored to protect the 
city, but was defeated at the battle of the Brandy- 
wine. He afterward attacked the British at German- 
town, but was repulsed with severe loss. In this 
battle the Maryland troops, under the command of 
Major John Eager Howard and other brave officers, 
were prominently engaged, and were the last to leave 
the field. As an offset to these reverses, the British 
army under Burgoyne surrendered at Saratoga on 
the 17th of October. 

5. During 1778, Maryland, in response to the de- 
mands of Congress, furnished more than three thou- 
sand three hundred regular troops. This number, 
in proportion to what was asked for, was one-third 
greater than that furnished by any other State except 



HISTORY OF MARYLAND. 85 

Delaware. In addition to these, Count Pulaski, a 
Polish nobleman in the service of tlie United States, 
organized in Baltimore an independent company of 
horse and foot, known as " Pulaski's Legion." Many 
of the States were slow in sending provisions and 
other supplies to the army, but through the energy 
and patriotism of her citizens the demands upon 
Maryland were promptly met. 

6. In March, 1778, the independence of the United 
States was acknowledged by France, and in July a 
French fleet was sent to their assistance. Before this 
fleet reached the Delaware, however, the British had 
left Philadelphia and retreated across New Jersey to 
New York. They were pursued by Washington, who 
overtook them at Monmouth, where an indecisive 
battle was fought on the 28th of June, the British 
retreating during the night. In this battle a blunder 
of General Lee endangered the American army, but 
the Maryland troops checked the advance of the 
enemy and enabled Washington to recover the ad- 
vantage. 

7. At the close of 1778 the British held only New 
York and Newport in the North. They had gained 
a foothold in the South, but had lost Philadelphia, 
the whole of New Jersey, and the settlements north 
of the Ohio. Moreover, the Americans had become 
inured to war, and were in mucli better fighting con- 
dition than ever before. The financial condition of 
the country, however, was not so hopeful. Congress 
had issued paper money until it had become almost 



86 HISTORY OF MARYLAND. 

worthless. From bills still in existence, we find tliat 
at this time the price, in paper money, of a i)Ound of 
sugar was eight dollars, and of a barrel of tlour live 
hundred dollars. 

8. During tlie year the Articles of Confederation 
proposed by ( Jongress were signed by eleven of the 
States, but were not ratified by all the States until 
1781. In these articles Virginia had succeeded in 
inserting the provision that no State should be de- 
prived of her territory for the benefit of the United 
States, she at the same time claiming westward to the 
Mississippi River. Against this the Assembly of 
Maryland entered a protest, and refused to sign the 
articles till that clause was stricken out. 

9. The year 1779 was not marked by any decisive 
events. The seat of war was mainly in the South, 
and the Americans were generally unsuccessful in 
their operations against the enemy. The French fleet 
also accomplished but little. In October an assault 
was made upon the British then in possession of 
Savannah. The attack was repulsed, and the gallant 
Count Pulaski was killed while bravely fighting at 
the head of his legion. 

10. During the early part of the war. Congress had 
authorized the fitting out of private armed vessels. 
In this, Maryland took the lead; and during the Revo- 
lution, upward of two hundred privateers sailed out 
of the Chesapeake. Immense damage was done to 
British commerce, and large quantities of important 
supplies were captured. Among those who especially 



HISTORY OF MARYLAND. 87 

distinguished themselves in this service was Joshua 
Barney, who was made a lieutenant in the American 
navy. In 1782, while in command of the Ilyder 
Ally, he captured the British vessel General Monk, 
of superior force, after one of the most brilliant naval 
actions on record. 

11. In November, Thomas Sim Lee w^as elected 
governor of Maryland, to succeed Thomas Johnson. 
During the session of the Legislature this year it was 
proposed to confiscate the property of those who had 
taken sides with Great Britain. After considerable 
opposition, the act was passed the following year, to 
go into effect in March, 1782. In the mean time, 
those who desired could take the oath of allegiance 
to the State, and thus save their property. 

QUESTIONS. 

1. Give an account of the pi'oceedings of the first Legislature 
under the new constitution. 

2. What provision was made in regard to troops? 

3. Give an account of the insurrection near Salisbury. In Fred- 
erick co)inty. 

4. What other events occurred in 1777 ? 

5. What is said of the Maryland troops? Of Count Pulaski? 

C). Wliat was done by France in 1778? Give an account of the 
battle of Monmouth. 

7. What was the condition of affairs at the close of 1778 ? 

8. What is said of the Articles of Confederation? Of the claims 
of Virginia? 

9. What is said of the events of 1770? . 

10. What is said of privateers? Of Lieutenant Joshua Barney? 

11. Wiio was elected governor? Wliat was done by the Legisla- 
ture ? 



HISTORY OF MARYLAND. 



CHAPTER XVII. 

CLOSE OF THE REVOLUTION. 

Marquis de la Fayette. A Baron de Kalb. John, baron 
French nobleman who at the de Kalb, was a trained German 
age of nineteen fitted out a siiip soldier who had entered the 
at his own expense :ind came French service in 1743. At 
to America to take part in the the breaking out of the Araer- 
cause of independence. He ican Revolution he offered his 
became the intimate friend of services to the colonies, and 
Washington, ;ind served with was awarded the rank of major- 
distinction thr)nghiiit the war. general. He came over with 
He died in Paris, May 30, 1834. La Fayette in 1777. 

1. In tlie Spring of 1780, Washington sent a de- 
tachment of troops, under the command of Major- 
General Baron de Kalb, to assist the struggling 
patriots of the South. It was composed chiefly of 
two Maryland brigades, commanded by Generals 
Small wood and Gist. They were joined in North 
Carolina l)y General Gates, who had been appointed 
to the chief command of tlie Southern forces in con- 
sequence of the reputation he had acquired through 
the surrender of Burgoyne at Saratoga. 

2. In August the British and American armies, 
while seeking to surprise each other, met near Cam- 
den, South Carolina. A hard-fought battle ensued, 
which resulted disastrously to the Americans. De 
Kalb, witli liis two Maryland brigades and a Dela- 
ware regiment, made a desj)erate final bayonet-charge, 



HISTORY OF MARYLAND. 89 

but was overpowered by numbers and forced to re- 
treat with great loss, De Kalb himself being mortally 
wounded. Colonels Williams and Howard fought 
with distinguished bravery, and Generals Small- 
wood and Gist received the thanks of Congress for 
their skill and courage, so ably supported by the 
heroic troops under their command. 

3. General Gates was soon after succeeded by Gen- 
eral Greene, a brave and prudent officer who stood 
high in the estimation of Washington. His move- 
ments against Cornwallis — whose plan at this time 
was to move north and join the British forces in 
Virginia — were conducted with varying success. At 
times defeated and forced to retreat, and again as- 
suming the offensive with renewed patience and 
courage, he made steady progress, and in less than 
nine months he had limited the British rule in the 
South to the cities of Wilmington, Charleston, and 
Savannah. In the mean time, Cornwallis had left 
Wilmington, and joined General Pliilips at Peters- 
burg, Virginia, in May, 1781. 

4. In these operations in the South the Maryland 
troops added to their well-earned reputation. Re- 
duced to a single regiment after the first battle at 
Camden, they were placed under the command of 
Colonel Otho H. Williams, and a further demand 
was made upon their State for recruits, which was 
promptly met. In every important engagement, 
from Camden to Yorktown, th(\v took a i)rominent 
part, and no troops in the American army surpassed 



90 HISTORY OF MARYLAND. 

them in courage or in devotion to the cause of free- 
dom. The encomiums of the brave De Kail) and 
the repeated thanks of Congress bear witness to the 
high estimation in which they were justly held. 

5. But their arduous labors were soon to close. 
Cornwallis had finally entrenched himself at York- 
town, where he was besieged by the combined French 
and American forces, while the French fleet blockaded 
the harbor. On the 19th of October, 1781, he was 
obliged to surrender his entire army ; and this vir- 
tually ended the war, though it was not until two 
years later that peace w^as formally declared and 
the American army disbanded. 

6. Soon after the surrender Washington addressed 
a letter to Governor Lee, in which he shows his ap- 
preciation of the patriotic efforts of Maryland during 
the war. In this letter he says, " My present engage- 
ments will not allow me to add more than my con- 
gratulations on this happy event, and to express 
the high sense I have of the powerful aid which I 
have derived from the State of Maryland in comply- 
ing with my every request to the executive of it." 

7. An anecdote of La Fayette may here be men- 
tioned. On his way South to operate against Corn- 
w^allis previous to the siege of Yorktown, lie halted 
for some time at Baltimore. At a ball given in honor 
of his arrival he was observetl to appear sad, and, on 
being questioned by one of the ladies as to the cause, 
he replied, " I cannot enjoy the gayety of the scene 
while so many of the poor soldiers are in want of 



HISTORY OF MARYLAND. 91 

clothes." — " We will -supply them," was tlie prompt 
response ;■ and the next morning the ball-room was 
turned into a clothing-manufactory. One lady with 
her own hands cut out five hundred garments, and 
superintended the making of them. 

8. Although the Americans had triumphed, the 
situation of the country at this time was most peril- 
ous. The treasury was bankrupt, commerce destroyed, 
business neglected, and the army unpaid. The sol- 
diers, most of whom ha<l been sent into encamp- 
ment at Newburg on the Hudson, became restless, im- 
patient, and finally mutinous. Failing to obtain from 
Congress the relief which it was powerless to provide, 
they besought Washington to make himself king and 
manage affi;iirs according to his own judgment. This 
proposal w^as spurned wdth indignation. Through 
his efforts and influence, however, a compromise 
was made and the danger averted. 

9. In 17S2 the population of Maryland, as enu- 
merated by assessors, was found to be one hundred 
and seventy tliousand six hundred and eighty-eight 
white, and eighty-three thousand three hundred and 
sixty -two colored, making a total of two hundred and 
fifty-four thousand and fifty. The population of the 
State of New York at the same time was two liundred 
and thirty-eight tliousand eight hundred and ninety- 
seven — over fifteen thousand less tlian that of Mary- 
land. 

10. In the war tliat resulted so gloriously, Mary- 
land had nobly done her part. Though no battle 



92 HISTORY OF MARYLAND. 

had been fought within her borders, her soldiers, 
numbering one-twelfth of the forces of the thirteen 
States, had gone north and south, and of the twenty- 
three thousand whom she sent out few returned. By 
emigration to England and elsewhere, in slaves car- 
ried off, and in the casualties of war, Maryland had 
lost sixty-six thousand of her population in seven 
years. 

11, During the last three years of the war her land 
had depreciated one-third in value. Thirty thousand 
acres were confiscated, exclusive of what belonged to 
the proprietor. The war-expenses of the State were 
seven million six hundred thousand dollars, two- 
thirds of the value of all her real estate. Of specie 
there remained in circulation only one hundred 
thousand pounds, currency. 

QUESTIONS. 

1. What was done in the spring of 1780? 

2. Describe the battle near Camden. 

3. Give an account of General Greene's operations in the South. 

4. Wliat is said of the Maryland troops ? 

5. Give an account of the surrender of Cornwallis. 

6. How did Washington show his appreciation of the patriotic 
efforts of Maryland ? 

7. Repeat the anecdote of La Fayette. 

8. What was the condition of the country at the close of the 
Revolution? What was done by the soldiers at Newburg? 

9. What was the population of Maryland in 1782? Of New 
York ? 

10. What is said of Maryland's part in the war? How had it 
affected lier population ? 

11. How else was the State affected? 



HISTORY OF MARYLAND. 



93 



CHAPTER XVIII. 
ADOPTION OF THE CONSTITUTION. 



Slack-water. Water at rest, 
as distinguished from running 
water. 



Memorial. A written repre- 
sentation of facts made to a 
legislative or other body. 



1. In September, 1783, a treaty of peace between 
Great Britain and the United States was signed, and 
during the following month the American army was 
disbanded. In November, New York was evacuated 
by the British ; and Washington, accompanied by 
his officers, soon after entered that city. Here he 
bade them an affectionate farewell, and proceeded 
to Annapolis, where Congress was then in session. 

2. On his arrival he was met by Major-Generals 
Gates and Smallwood and escorted to Mann's Hotel. 
After receiving many calls, he visited the president 
of Congress. On the 10th he gave a public dinner 
to the j^resident and members of Congress and the 
civil and military officials. At night a grand ball 
was given by the ^laryland Assembly at the State- 
house. There Washington received an address from 
the city authorities, to which lie replied in fitting 
terms. 

3. On the 23d he had a public audience in Con- 
gress. On being informed by President MifHin that 
they had assend)l(Ml to receive liis communications, 



94 HISTORY OF MARYLAND. 

Washington arose and said that the events on which 
his resignation depended had taken place. He re- 
ferred to the reasons for his acceptance of the com- 
mand conferred upon him, and spoke of the suc- 
cessful termination of the war as having realized 
his most sanguine expectations ; of his gratitude to 
divine Providence and to his countrymen, increasing 
upon every review ; and of his good fortune in the 
choice of his confidential ofhcers, commending all 
then in service to the care of Congress, and the 
whole country to Almighty God. 

4. Then, amidst a display of the most profound 
emotion, in the presence of the representatives of 
the nation and the brilliant assemblage of ladies 
and gentlemen who had thronged to witness the 
crowning act of a glorious career, AVashington de- 
livered to the president his commission as com- 
mander-in-chief, and became once more a private 
citizeiio An appropriate address from the presi- 
dent closed the impressive scene. 

5. At this time, AVilliam Paca, of Harford county, 
Avas governor of Maryland. At the April session of 
the General Assembly in 1783, acting upon a me- 
morial from the corporation of Annapolis, the two 
houses tendered to Congress, for the purposes of the 
national government, the use and possession of the 
State-house, the public square, the governor's house 
as a residence for the President, thirteen dwelling- 
houses to be built at the expense of the State, and 
jurisdiction over the city and people of Annapolis. 



HISTORY OF 3IABYLAND. 



95 



Congress, as we have seen, had adjourned to Annap- 
olis, but in October it determined on the selection of 
a site on the Potomac near Georgetown. 



':^* 



taia"* <r * W J* i* ir- 



k I I , I I 





'^'^t 



^H» 



STATE CAPITOL, ANNAPOLIS. 



6. In the November session of 1784 the subject of 
internal improvements was taken up, and an act was 
passed establishing a company for opening and ex- 
tending the navigation of the river Potomac ''' from 
tide-water to the highest place ])racti cable on the 
north branch, by dams, slack-watc>r canals, etc." 



96 HISTORY OF MARYLAND. 

This would open a way of travel and transjoortation 
between the Atlantic and the West, leaving' only 
forty miles of land-travel before reaching the Ohio. 
General Washington took great interest in this com- 
pany, and was made its first president. At a later 
date it was merged into the Chesapeake and Ohio 
Canal Company. 

7. In 1785, General William Smallwood, of Revo- 
lutionary fame, was elected governor. He came from 
an old and prominent family of Charles county, and 
was a personal friend of AVashington. He was a 
faithful, modest, and brave man, and was the first 
and highest officer appointed by Maryland at the 
breaking out of the war, during which he rose to 
the rank of major-general. At the expiration of his 
term as governor he was taken ill, and died on his 
way home from Annapolis. Through private sub- 
scription, a monument was erected over his grave 
in 187G. 

8. During Governor Smallwood's administration 
the present Constitution of the United States was 
framed. In order to preserve the union of the States, 
it was believed that a stronger central government 
was necessary. Accordingl}^, delegates from five of 
the States met at Annapolis in September, 1786. 
They decided to recommend the calling of a con- 
vention to revise the Articles of Confederation. This 
convention met in Philadelphia in 1787, and after a 
stormy session agreed upon a new constitution, to be 
submitted to conventions called in the several States; 



HISTORY OF MARYLAND. 97 

if nine out of the thirteen should give tlieir consent, 
it was to go into operation on the 4th of Marcli, 1789. 

9. On the 28th of April, 1788, the Constitution 
was adopted by the Maryland convention by a vote 
of sixty-three to eleven. Before the close of the year, 
eleven States had ratified the important instrument, 
thus securing its going into effect on the appointed 
day. Congress had fixed upon the first Wednesday 
in January, 1789, as the day for choosing presidential 
electors, and had selected New York as the place 
where the new government should assume its duties. 
When the electoral votes were counted, it was found 
that Washington was unanimously elected President 
of the United States. John Adams, by a majority 
vote, was chosen Vice-President. 

10. In 1788, Colonel John Eager Howard became 
governor of Maryland. He was a native of Balti- 
more county, and had signally distinguished him- 
self during the Revolution. Howard was a man 
whom the people delighted to honor, and whom they 
called on to fill the most important offices wdthin 
their gift. Under his administration as governor, 
the Maryland representatives in Congress were au- 
thorized to cede to the United States, for the purposes 
of the general government, a district in the State not 
exceeding ten miles s(|uare. 

11. In 1790, Congress accepted the proposal of 
Maryland, and appointed commissioners, who pro- 
ceeded to lay out a district ten miles square, on the 
Potomac, the site liaving been previously selected by 



98 HISTORY OF MARYLAND. 

Washington. This district was not wholly within 
the limits of Maryland, but included a portion of 
Virginia, which was afterward ceded back to that 
State. The seat of government was then trans- 
ferred to Philadelphia, where it was to remain till 
1800, wdien it was to be permanently fixed at a 
new city to be located within this district, on the 
Maryland side of the Potomac, and to be called 
Washington. The district itself at first received 
the name of " The Territory of Columbia." 

QUESTIONS. 

1. When was the treaty of peace between the United States and 
Great Britain signed ? What followed ? 

2. How was Washington received at Annapolis? 

3. Give an account of his audience in Congress. 

4. Give an account of his resignation as commander-in-cliief. 

5. What proposition was made to Congress by the Maryland 
Assembly? What was done by Congress? 

6. What act was passed in 1784? What? was the object of this 
undertaking ? 

7. What is said of General Small wood ?' 

8. What steps were taken in regard to the Articles of Confedfei-- 
ation ? By the convention ? 

9. When was the present Constitution of the United States 
adopted by Maryland? When did it go into operation? 

10. What is said of Colonel Howard? What was done during 
his administration? 

11. What was done by Congress in 1790? What did the district 
include ? What is said of the seat of government ? 



HISTORY OF MARYLAND. 99 



CHAPTER XIX. 

WAR OF 1812. 

Federalists. Members of tlie ; Impress. To take by force for 
political party which favored j the public service. 
a strong general government. 1 Flotilla. A fleet of small ves- 
The Anti-Federalists wished to j sels. 

Ghent (gent). A fortified city 
of Belgium, thirty-one miles 
north-west of Brussels. 



give more, power to the State 
governments. 
Cockburn (Ko burn). 



1. In 1793, Washington entered upon the second 
term of his Presidency. Political feeling between the 
Federalists and the Anti-Federalists began at this time 
to grow very bitter, and the bitterness was intensi- 
fied by the action of Genet, the French ambassador 
in the United States. Presuming upon the friend- 
ship of the country for France, he began to enlist 
soldiers and to fit out privateers against the English 
commerce. The President was displeased with his 
conduct, and was finally compelled to ask for his 
recall. In 1798 troubles again arose with France; 
war was threatened, and the United States forces 
were placed under the command of Washington, 
who designated John Eager Howard of Maryland 
as one of his brigadier-generals. 

2. By this time the country at large was again 
prosperous. Credit had been established and pro- 
vision made for the public expenses and for tlie 
payment of the national debt. Agriculture and 



100 HISTORY OF 3IARYLAND. 

commerce were in a thriving condition, and several 
new States had been added to the Union. In ^lary- 
land much attention had been paid to internal im- 
provements. Turn])ikes, public roads, and canals 
were projected, and the western part of the State 
was rapidly filling up with settlers. 

3. In 1803-4, Maryland suffered severely from 
droughts, hail-storms, and Hoods, which destroyed 
large quantities of produce. During these years, 
also, epidemics of various kinds— one of which was 
known as " the plague " — carried off great numbers 
of people. In 1807 an act was passed to establish a 
college of medicine in Baltimore. This afterward 
became part of the University of Maryland, created 
in 1812 under State patronage, and including colleges 
of arts and sciences, law, and divinity. 

4. For some time the conduct of Great Britain 
had been causing intense irritation throughout the 
country. England and France were at war, and in 
endeavoring to retaliate upon each other had resorted 
to various measures that wrought great injury to 
American commerce. France finally modified her 
oppressive enactments, so far as the United States 
was concerned, but England continued to seize 
American vessels and impress American seamen. 
This finally led to a declaration of war by the 
United States, on the 18th of January, 1812. 

5. This act did not meet with popular approval. 
It was generally condemned by the Federalists, 
chiefly on the ground of the unprepared condition 



HISTORY OF MARYLAND. 101 

of the country. In Baltimore the Federal Republican 
violently denounced the war, and a riot ensued, in 
which the office of the newspaper was torn down 
and General Lingan killed. The military operations 
of the year, principally against the British in Canada, 
were signally unsuccessful, but the navy, by a series 
of brilliant victories, aroused the enthusiasm of the 
country ; and the war was approved by the re-election 
of Madison to the Presidency. 

6. In April, 1813, Admiral Cockburn, in command 
of a British squadron, sailed up the Chesapeake. He 
plundered and burnt Frenchtown, Havre de Grace, 
Fredericktown, and Georgetown, at the head of the 
bay. Women and children did not escape savage 
and disgraceful outrages. Going down the bay, the 
enemy lit up its shores and waters by night with 
incendiary fires. During the whole year the British 
held a close blockade along the Atlantic coast. 

7. In the middle of August, 1814, another British 
fleet, commanded by Admiral Cochrane, arrived in 
the Chesapeake, having on board a large body of 
troops under the command of General Ross. This 
fleet was joined by the squadron under Admiral 
Cockburn. A detachment under Captain Gordon 
was sent up the Potomac, and another under Sir 
Peter Parker threatened Baltimore, while the main 
expedition proceeded u]) the IVtuxent and landed 
the troops at Benedict. 

8. One of the special objects of this expedition was 
the capture or destruction of the American flotilla. 



102 HISTORY OF MARYLAND. 

which, under the command of Commodore Barney, 
had greatly harassed the British fleet. This flotilla 
had heen for some time blockaded in the Patuxent, 
and on the approach of the enemy the commodore 
and his men abandoned their vessels and joined the 
land forces under the command of General Winder. 
The boats were then set on fire, to prevent their fall- 
ing into the hands of the British. 

9. It soon became evident that the next object of 
the British was the capture of Washington, but, in- 
stead of marching directly upon that city, they took 
the road to Bladensburg, where they arrived August 
24th. Here they were met by the hastily-collected 
forces under General Winder ; but his raw militia 
could not be induced to attack the enemy, and they 
met with little resistance except from a few brave 
marines, under the gallant Barney, and a regiment 
of regulars. Barney was severely Avounded, and fell 
into the hands of the British, who entered Wash- 
ington without further opposition. 

10. Here they burned the Capitol, the President's 
house, and other public buildings, together with some 
private dwellings, after which they hastily retreated 
to the fleet, which was still in the Patuxent. While 
this was taking place, Alexandria was attacked b}^ the 
expedition under Captain Gordon, and its shipping 
and merchandise were surrendered to the enemy. Sir 
Peter Parker was less successful. In attempting to 
surprise a company of militia in Kent county his troops 
were repulsed, and he himself was fatally wounded. 



HISTORY OF MARYLAND. 103 

11. Baltimore was the next point of attack. In 
anticipation of this, hirge numbers of militia had' 
collected to defend the city. Tliey were placed under 
the command of General Samuel Smith, assisted by 
Generals Strieker and Winder. On the 12th of Sep- 
tember, Ross landed his troops at North Point, four- 
teen miles from the city, while the fleet moved up the 
Patapsco Eiver to bombard Fort McHenry, then two 
miles from Baltimore, the entrance to which it 
guarded. General Strieker opposed the advance of 
General Ross, who was killed in the skirmish that 
ensued. The command of the British then devolved 
upon Colonel Brooke, and in the engagement which 
followed the Americans were forced to retire within 
their defences ; these, however, the British^ hesitated 
to attack. 

12. On the evening of the 13th the bombardment 
of tlie fort commenced, and continued for thirty-six 
hours. The garrison, under Colonel Armistead, made 
a brave defence. During the night an assault was 
attempted by the enemy in boats and barges, but 
they were repulsed by the fire of the fort and bat- 
teries, and forced to retire with a heavy loss. After 
embarking the troops, the fleet on the 16th of Sep- 
tember sailed down the Chesapeake, destroying, as 
before, the property of the defenceless. On the 24th 
of December a treaty of peace was signed at Ghent. 
This treaty was ratified by the United States in Feb- 
ruary, 1815; and thus ended the second war with 
England. 



104 HISTORY OF MARYLAND. 

13. Just previous to the bombardment of Fort 
McHenry, Francis S. Key, under a flag of truce, had 
gone on board the enemy's flagship to obtain the 
release of a friend who had been arrested and was 
then confined on board the ship. Mr. Key was de- 
tained by the commander till after the bombardment. 
During the night he com})osed that noble national 
song " The Star-Spangled Banner," which has made 
his name famous. 

QUESTIONS. 

1. What troubles arose with France during Washington's admin- 
istration ? 

2. Wliat was the condition of the country at this time? What 
had been done in Maryland? 

8. What occurred in 180o and 1804 ? What is said of the college 
of medicine ? 

4. What troubles arose with Great Britain and France? What 
was the result ? 

5. How was the declaration of war received ? What is said of 
the military and naval operations of 1812? 

(). Give an account of Cockburn's expedition. 

7. Give an account of Cochrane's expedition. 

8. Give an account of the destruction of Conmiodore Barney's 
flotilla. 

0. Describe the British march on Washington. Give an account 
of the battle at Bladensburg. 

10. What was done by the British in Washington ? By Captain 
Gordon? By Sir Peter Parker? 

11. Describe the land attack on Baltimore. 

12. Give an account of the bombardment of Fort McHenry. 
When and where was the treaty of peace signed ? 

13. What is said of P'rancis S. Key ? 



HISTORY OF MARYLAND. 



105 



CHAPTER XX, 



INTERNAL IMPROVEMENTS. 



Liberia. A republic on the 
west coast of Africa, founded 
as a colony of free blacks in 
1820 by the American Coloni- 
zation Society. 



Apportionment. The act of 

assigning in just proportions or 
shares. 
Judiciary. The judges taken 
collectively. 



1. The war of 1812 left the usual legacy of debt 
and depression; it gained, however, for the United 
States the respect of Europe and a recognized place 
among the powers of the world. The States, relieved 
from the burden of conflict, once more turned their 
attention to internal improvements, and the immense 
natural resources of the country soon enabled it to 
recover its former prosperity. 

2. The rich mines of iron-ore, the inexhaustible 
beds of coal, and tlie immense quantities of timber 
in the western part of Maryland made it highly im- 
portant that the early designs of the Potomac Com- 
pany should be fully carried out. AVitli this view, a 
convention of delegates from Virginia, Maryland, and 
Pennsylvania was held in Washington City in No- 
vember, 1828, and in 1824 the Chesapeake and Ohio 
Canal Com[)any was incor|)orated. It succeeded to 
the privileges of tlie old Potomac Company, and 
designed to construct a canal from the Ohio River 
to Georgetown, on the Potomac. 



106 



HISTORY OF MARYLAND. 



3. During the year 1824, La Fayette made a visit 
to the United States, more than forty years having 
elapsed since he fought by the side of Washington 
for American independence. He remained in the 
country somewhat over a year, and during that time 




RELA\-HOusJi sTaTiu.n, BAi^TLMuRli AisD UHlO 
RAILROAD. 



■^IC^- 



traveled through all of the twenty- 
four States, being ever3^where wel- 
comed with expressions of ihe ut- 
most gratitude and affection. •Maryland received the 
^' guest of the people " with distinguished honors, and 
by a special act of the Legislature he and his heirs 
for ever were made citizens of the State. 

4. Xi this time railroads were comins: into use. 



HISTORY OF MARYLAND. 107 

Tlie people of Baltimore, desirous of bringing di- 
rectly to their city the trade of the great West, which 
they feared would be diverted to other cities by the 
Chesapeake and Ohio Canal, took steps toward the 
construction of a railroad from Baltimore to the Ohio 
River. In 1827 the Legislature granted a charter to 
the Baltimore and Ohio Railroad Company, and on 
the Fourth of July the following year the first stone 
of this great work was laid by the venerable Charles 
Carroll of Carrollton, who at that time had passed 
his ninetieth year. 

5. At the session of 1831 the Legislature, " highly 
approving of African colonization," directed its treas- 
urer to pay one thousand dollars to the American 
Colonization Society for the settlement of free colored 
people in Africa, and provided for the payment of 
the same sum each year thereafter. At a later period 
a branch of this society was incorporated in Mary- 
land and established a colony in Liberia, to which 
the name of the State was given. 

6. At the November session of the Legislature in 
1835 an act was passed amending the constitution 
and form of government of the State. It gave the 
election of the governor directly to the people, in- 
stead of to two electors from each county, as there- 
tofore. It also abolished the council to the governor 
and changed the ap})ortionment of delegates. 

7. In 1835 a serious riot occurred in Baltimore in 
connection with the suspension of the Bank of Mary- 
land. Two years later a great national financial 



108 HISTORY OF MARYLAND. 

crisis spread bankruptcy and distress throughout the 
country. Maryland had subscribed Hberally to the 
construction of pubHc works, and now found her- 
self greatly embarrassed to . meet her obligations ; 
but through the wise and energetic measures rec- 
ommended by Governor Pratt her credit was restored 
and a loan negotiated in London. In 1844 the first 
telegraph-line in the country Avas constructed, from 
Baltimore to AYashington. 

8. In 1846 a war with Mexico followed the annex- 
ation of Texas to the United States. Foremost among 
the Maryland officers who distinguished themselves 
in this war was Major Samuel Ringgold, who was 
mortally wounded at Palo Alto while gallantly 
and effectively serving his battery of light artillery. 
Among the other brave officers who nobly sustained 
the reputation of their State were Colonel William 
H. AVatson, who was killed at Montere}^, Captain 
Oden Bowie, afterward governor of Maryland, Lieu- 
tenant Randolph Ridgeley, and Captain John Eager 
Howard, grandson of the Revolutionary hero. 

9. Tlie stone at tJie north-east corner of Maryland 
having been removed, a revision of the survey made 
by Mason and Dixon was determined upon in 1849. 
Commissioners were appointed by the States of Del- 
aware, Pennsylvania, and Maryland, who verified in 
all important points the work of their predecessors. 
As an evidence of the accuracy of the first surve}^, it 
may be stated that the changes made increased the 
area of Marvland l)v less than two acres. 



HISTORY OF MARYLAND. 109 



\ 



10. In 1S51 a convention met for the purpose of 
revising the State constitution. The principal changes 
were as follows: imprisonment for debt was abolished, 
lotteries were declared illegal, the judiciar}^ was made 
elective by the people, biennial sessions of the Legis- 
lature were established, all fees of any office in excess 
of three thousand dollars were to be paid into the 
State treasury, and the representation of the coun- 
ties in the Legislature was conformed to the change 
in the population. 

11. The Baltimore and Ohio Railroad was finished 
to the Ohio River by the end of 1852, and on New 
Year's day, 1853, the first train passed over the road. 
The president of the road at this time was Thomas 
Swann, afterward governor of the State, and it was 
largely owing to his energy and ability that this 
important work was successfully completed. 

QUESTIONS. 

1. What results followed the close of the war of 1812? 

2. What is said of the C'hesapeake and Ohio Canal Company? 

3. Give an account of La Fayette's visit to the United States. 

4. Give an account of the organization of the Baltimore and 
Ohio Railroad Company. 

5. What was done in regard to African colonization ? 

6. How was the State constitution amended in 1835? 

7. How was Maryland affected by the financial crisis of 1837? 

8. What officers were distinguished in the war with Mexico? 

9. Give an account of the revision of Mason and Dixon's survey. 

10. What changes were made in the constitution in 18')1 ? 

11. When was the Baltimore and Ohio Railroad completed? 
What is said of its president at that time? 



110 HISTORY OF MARYLAND. 



CHAPTER XXI. 

THE CIVIL WAB. 

Confederate. United in a ! Federal. Composed of a union 
league. i of states or districts which re- 

Raid. A sudden and rapid in- j tain only a subordinate and 
vasion of a cavalry-force. I limited sovereignty. 

1. A CRITICAL period in the history of the country 
was now approaching. From the beginning there 
had been a wide difference of opinion as to the 
rights which should be retained by the States and 
those wliich sliould be delegated to the United States. 
The violent agitation of the slaver}^ question at this 
time united the South in asserting the supremacy of 
" State rights," and in claiming protection to slavery. 
On the other hand, the people of the North generally 
fiivored a strong central government, and were op- 
posed, if not to the existence of slavery, at least to its 
furtlier extension. 

2. ^^arious conflicting measures on the part of 
Congress and of the individual States tended to 
widen the breach between the North and the South, 
and the election of President Lincoln, in 1860, by 
the votes of the Northern States alone, brought mat- 
ters to a crisis. In December, South Carolina with- 
drew from the Union, and by the middle of 1861 
eleven States had seceded, and liad organized a sepa- 



HISTORY OF MARYLAND. Ill 

rate government, called The Confederate States of 
America, of which Richmond became the capital. 
In April the Confederates captured Fort Sumter, in 
Charleston Harbor, and President Lincoln at once 
issued a call for seventj^-five thousand troops. 

3. Maryland had always been a stanch supporter 
of the Union, yet, as a slaveholding State, many of 
her people w^ere naturally in sympathy with the 
South. In addition, the geographical position of the 
State made its possession a matter of great import- 
ance to the Confederate government, as the leading 
highways to the North were through its territory and 
the national capital was within its limits. The same 
reasons, however, prompted the United States govern- 
ment to make every effort to prevent the State from 
seceding ; and this condition of affairs, together with 
the belief that the destruction of every material in- 
terest would follow secession, led to the endeavor on 
the part of Maryland to assume a neutral position 
between the two contending parties. 

4. In the midst of the intense excitement following 
the fall of Fort Sumter, a Massachusetts regiment, in 
passing through Baltimore on its way to Washington, 
was assailed by a mob ; and a terrible riot ensued, in 
which a number of lives were lost on each side. To 
prevent further scenes of violence, the authorities de- 
stroyed the bridges north and east of the city, which 
obliged the troops to seek 'other routes to AVashington. 
At the request of the governor of the State and the 
mayor of Baltimore, the President ordered that there 



112 HISTORY OF MARYLAND. 

should be no further transportation of troops through 
that city. 

5. Soon after this, General B. F. Butler was placed 
in command of the Military Department of Annap- 
olis, which also inchided the Washington Railroad as 
far as Bladensburg. In May he occupied Federal 
Hill, on which batteries were afterward erected com- 
manding the city of Baltimore. In the mean time, 
a special session of the Legislature had been called, 
and resolutions were passed protesting against the 
war and favoring neutrality on the part of Mary- 
land. In September the members from Baltimore 
city and county were arrested and iuiprisoned by 
order of the Secretary of War. 

6. The regular election for governor and members 
of the State Legislature was held in November, and 
Augustus W. Bradford, the LTnion candidate, was 
elected governor by a large majority. The new 
Legislature, in a. series of resolutions addressed to 
the United States Senate, declared their attachment 
to the Union and approved of the course pursued by 
the President, but at the same time called attention 
to the dangers growing out of the use of such ex- 
trqjne measures as those to which the State had been 
subjected. They also appropriated seven thousand 
dollars for the relief of the families of the Massachu- 
setts volunteers who were killed or wounded in Balti- 
more on the 19th of April. 

7. During this time there had been numerous 
battles, principally in Virginia and Missouri, result- 



HISTORY OF 3rAEYLAND. 113 

ing in great sacrifice of life and property. The year 
1861, however, was virtually one of preparation for 
the terrific struggle that was to follow. In the f\ill 
of 1862, General Lee, having thwarted the efforts of 
the Federal forces to capture Richmond, crossed the 
Potomac below Harper's Ferry with a large army 
and occupied the city of Frederick. On the 14th 
of September he was attacked at South ^fountain 
by General McClellan, and defeated. 

8. General Lee then retreated to the Potomac and 
took up a position at Sharpsburg, with Antietam 
Creek in front. Here he was joined by General 
Jackson, who had just effected the capture of Har- 
per's Ferry ; and on the 17th of Septendoer the great 
battle of Antietam was fought. The Confederates 
w^ere considerably outnumbered, but withstood the 
Federal attacks during the entire day ; and the loss 
on each side was over ten thousand men in killed, 
wounded, and prisoners. On the 18th neither army 
was in condition to renew the conflict, and during 
the night General Lee retired from the field and 
recrossed the Potomac into Virginia. 

9. In June, 1863, General Lee again invaded 
Maryland, w4th greater numbers than before. Cross- 
ing the Potomac in Washington county, at Williams- 
port, he marched througli tlie State into Pennsylvania. 
Strict orders were issued to respect private property, 
but the Baltimore and Ohio Railroad, being in the 
service of the United States, was destroyed from Cum- 
berland to Harper's Ferry. At Gettysburg, in Penn- 



114 HISTORY OF MARYLAND. 

sylvania, the Confederate army was confronted by the 
Union forces under the command of General Meade, 
and was defeated after a terrible battle which con- 
tinued during the 1st, 2d, and 3d of July, On the 
night of the 4th, General Lee commenced his retreat 
to Virginia. 

10. Maryland was again invaded in the summer 
of 18G4, by General Early, with a force of twenty 
thousand men. He crossed into Montgomery county 
opposite Poolesville, and defeated General Wallace at 
the Monocacy River. Soon after, he threatened Fort 
Stevens, one of the defences of Washington ; but, re- 
inforcements arriving, he was compelled to retreat 
across the Potomac. During this raid the citizens 
of Frederick were obliged to pay two hundred thou- 
sand dollars to save their town from destruction, and 
a contribution of one hundred thousand dollars in 
money and goods was levied on the citizens of 
Hagerstown. 

11. In April, 1864, a convention was held for the 
further revision of the State constitution. By this 
convention a registration of voters was provided for, 
the principle of representation according to popula- 
tion was adopted,jihe power of appointing magistrates 
was restored to the governor, and a State board of 
education was created, consisting of the governor, the 
lieutenant-governor, the speaker of the House of 
Delegates, and the State superintendent of education. 
It was also declared " that hereafter, in this State, 
there shall be neither slavery nor involuntary servi- 



HISTORY OF MARYLAND. 115 

tude, except in punishment of crime whereof the 
party shall have been duly convicted ; and all 
persons held to service or labor as slaves are hereby 
declared free." 

12. On the 9th of April, 1865, General Lee surren- 
dered to the Army of the Potomac, commanded by 
General Grant; and a few weeks later saw the termi- 
nation of the most desperate conflict of modern times. 
In spite of the prophecies of other nations to the con- 
trary, the armies of the North and the South were 
disbanded rapidly and without disturbance, and at 
the close of the year most of the soldiers had re- 
turned to their homes and quietly resumed the 
occupations of peace. 

QUESTIONS. 

1. What state of feeling existed previous to the civil war? 

2. What brought matters to a crisis? When was secession 
effected? What occurred in April, 18G1 ? 

3. What was the position of Maryland at the beginning of the 
civil war? 

4. Give an account of the riot in Baltimore. 

5. What was done by General Butler? By the State Legislature? 

6. What was the result of the November election ? What was 
done by the new Legislature? 

7. What is said of the events of ISfil ? Wliat occurred in the 
fall of 18G2? 

8. Give an account of the battle of Antietam. 

9. What occurred during the second invasion of INIaryland? Give 
an account of the battle of Gettysburg. 

10. Give an account of General Early's invasion of Maryland. 

11. What was done by the convention of 18(54? 

12. Give an account of the surrender of (ieneral Lee. 



116 



HISTORY OF MARYLAND. 



CHAPTER XXII. 

NEW STATE CONSTITUTION. 



Comptroller (kon-tr5Fler). A 
title given to a public officer 
whose duty it is to examine 
and certify accounts. 

Circuit (sir^kit). A division of 
a slate or a country established 
by law for a judge or judges to 



visit for the administration of 
justice. 

Supreme bench. The persons 
who sit as judges of the supreme 
court. 

Fiscal. Pertaining to the pub- 
lic treasury or revenue. 



1. The people of the Confederate States had suf- 
fered most severely by the war. To alleviate in some 
measure their wide-spread distress, the ladies of Balti- 
more organized a Southern relief society, and in 1866 
opened a fair, which realized a large sum of money. 
Other States and countries joined in the good work, 
and George Peabody, a former resident of Baltimore, 
then living in London, contributed the immense sum 
of two million dollars as a fund for the establishment 
and support of schools throughout the South. 

2. In addition to this, he munificently endowed the 
institute which bears his name, and which was in- 
augurated in October, 1S66. The object of the Pea- 
body Institute is to provide for the citizens of Balti- 
more a free library and gallery of art, together with 
courses of lectures and an academy of music. Mr. 
Peabody also gave liberally to the Maryland Histor- 
ical Society, and the greater part of his vast fortune 



HISTORY OF MARYLAND. 117 

was distributed for benevolent purposes. He died, 
universally regretted, in 1809.^ 

3. In 18G7 the present State constitution was 
adopted, that of 1864 being unsatisfactory to the 
people. The government consists of three branches 
— legislative, executive, and judicial. For political 
purposes, the State is divided into twenty-three 
counties, which constitute six congressional dis- 
tricts, eight judicial districts, and twenty -six sena- 
torial districts. The counties are subdivided into 
election districts, and the election districts into 
school districts. 

4. The legislative department consists of a Senate 
and a House of Delegates, and is styled the General 
Assembly of Maryland. The Senate is composed of 
twenty-six members, one from each county and three 
from Baltimore City. They are elected for four years, 
one-half of the number being chosen every second 
year. The House of Delegates consists of ninety-one 
members, elected for two years. Sessions of the Gen- 
eral Assembly are held bienniall}^ and cannot be ex- 
tended over ninety days except at the expense of the 
members ; but extra sessions may be convened by the 
governor, continuing for thirty days. 

5. The executive department consists of a governor, 
a secretary of state, a comptroller of the treasury, a 
treasurer, and an attorney -general. Tlie governor, 
attorney -general, and comptroller are elected by the 
people — the first two for four years, the latter for 
two years. The treasurer is elected by the General 



118 HISTORY OF MARYLAND. 

Asseml:)ly for two years. The secretary of state, com- 
missioner of the hmd-office, State Hbrarian, State tax 
commissioner, and members of the State board of 
education are appointed by tlie governor. 

6. The judicial department consists of a court of 
appeals, circuit courts, special courts for Baltimore 
City, orphans' courts, and justices of the peace. The 
court of appeals is composed of the chief-judges of 
the first seven judicial circuits and a judge specially 
elected in the city of Baltimore. The governor des- 
ignates the chief-justice of this court from among 
this number. 

7. In the city of Baltimore there is a special system 
of courts, consisting of the supreme bench, the supe- 
rior court, court of common pleas, city court, circuit 
court, and criminal court. The judges of all these 
courts are elected by the people, and hold office for 
fifteen years. Each county, and also the city of Balti- 
more, has an orphans' court, composed of three judges 
elected for four years. Justices of the peace are ap- 
pointed by'*the governor, and constables are appointed 
by the county commissioners and by the mayor and 
Council of Baltimore City. They hold office for two 
years. 

8. Each county in the State elects the following 
officers, and for the term designated : a clerk of the 
circuit court and a register of wills, who acts also as 
clerk of the orphans' court, six years ; a board of 
county commissioners, tw^o years; sheriff, two years; 
State's attorney, four years ; and surveyor, two years. 



HISTORY OF MARYLAND. 119 

Other county officers are tax-collectors, in some coun- 
ties treasurers, board of school commissioners, and 
eounty examiner of schools. The county commis- 
sioners have control of the fiscal affairs of the county, 
its roads, paupers, etc., and they appoint a clerk, tax- 
collector, constables, judges of elections, and road su- 
pervisors. Maryland constitutes part of the Fourth 
Judicial Circuit of the United States. 

9. The new constitution was adopted by over 
twenty thousand majority, and Oden Bowie, who had 
served with honor in the INIexican war, was elected 
the first governor under its provisions, in November, 
1867. In July of this year a tremendous flood oc- 
curred in the valley of the Patapsco, resulting in seri- 
ous loss of life and great damage to property. The 
lower parts of the city of Baltimore were submerged, 
and at Ellicott City thirty-four lives were lost. 

10. The Legislature of 1870 was composed entirely 
of members belonging to one political party. It re- 
fused by a unanimous vote to accept the Fifteenth 
Amendment to the Constitution of the United States. 
This amendment, however, having received the assent 
of the requisite number of States, became part of the 
Constitution, and, in consequence, of "the supreme 
law of the State." Under its provisions the colored 
population of ,the State are entitled to all political 
privileges. 

QUESTIONS. 

]. Give an account of the Southern Kelief Society. What was 
done by George Peabody ? 



120 



HISTORY OF MARYLAiXD. 



2. What is said of the Peabody Institute? 

3. When was the i)resent State constitalion aduptttl ? How is the 
State divided for political purposes? 

4. Of what does the legislative department consist"? 

5. What constitutes the executive department ? 

6. Of what does the judicial department consist? 

7. What is said of the courts of the city of- Baltimore? 

8. What officers are elected in each county, and for how long? 

9. What is said of Governor Bowie ? Of the great flood of 1867 ? 
10. Give an account of the Legislature of 1870. Of the Fifteenth 

Amendment. 



CHAPTEPv XXIII. 



RECENT EVENTS. 



Legend (le^jend). An inscrip- 
tion on a medal or a coat of 
arms. 

Civic. Relating to a city or 
citizen. 



Romanesque (ro - man - esk^). 
The style of architecture adopt- 
ed by the later Roman empire 

Colossal. On a large scale; 
gigantic. 



1. In 1875 the new city-hall of Baltimore — one of 
the finest structures of the kind in the country — was 
appropriately dedicated. The building is faced with 
white marble from the quarries of Baltimore county, 
and cost nearly two and one-half millions of dollars 
to erect. A year later the Johns Hopkins University 
was opened. This institution was established in ac- 
cordance with the will of Johns Hopkins, a wealthy 
citizen of Baltimore, who died in 1S73 and left a be- 
quest of six millions of dollars to found a university 
and a hospital. The magnificent hospital buildings 



HISTORY OF MARY LAM). 



121 



were completed .some years later, and are admirably 
arranged for the })urpose for wliieli they were de- 
signed. A home for colored orplians was also in- 
cluded in the provisions of Mr. Hopkins's will. 

2. By a resolution of the General Assembly in 
187G, the great seal of the State Avas altered so as 
to conform to the seal furnished the province in 
1648 by Cecilius, Lord Baltimore. The motto is 
" Fattl maschii, parole femine " — " manly deeds, wom- 
anl}^ words," or, by a more liberal rendering, " cour- 
age and courtesy." The legend surrounding the 
shield— " A%?ito bonds volimtatls tux coronasti nos^' — is 
translated " Thou hast crowned us with the shield 
of thy favor," referring to the kindness and lib- 
erality of the king to Lord Baltimore. 

3. The first great seal 
of Maryland was brought 
over by Leonard Calvert 
in 1634, and was taken 
from the province l)y 
Richard Ligle during 
the Cdaiborne rebellion. 
In 1648, Lord Baltimore 
issued a new seal, which 
was lost or stolen during 
the government of Crom- ^"^^^"^^^ ^^^^• 

well's commissioners. Anotlier was sent over in 
1658, and was used until 172(), wluii a dinerent seal 
was substituted. In 1765, liowever, tlie former seal 
was resumed, and continued in use, with some later 




122 HISTORY OF MARYLAND. 

modifications, until the act of Assembly restored the 
original. The great seal is committed to the care of 
the governor, and is kept in the executive chamber 
of the State-house, at Annapolis. 

4. In 1877 an extensive "strike" of the railroad- 
men commenced on the Baltimore and Ohio road, 
and rapidly extended througliout the country. Great 
damage was done to railroad property through the 
riots which ensued, and travel and transportation 
wxre seriously interfered with. Military force was 
finally resorted to, and after considerable bloodshed 
the riots were suppressed. Owing to the promptness 
of the military movements in Maryland, less destruc- 
tion occurred there than in some other States. 

5. In 1880 the city of Baltimore celebrated the one 
hundred and fiftieth anniversary of her foundation. 
The precise date of that event was January 12th, but, 
in order to have a favorable season for outdoor dem- 
onstrations, October was designated as the time for 
the celebration. The festivities began on the 11th, 
and ended on the 19th with a grand illumination of 
the city. A leading feature of the various civic pro- 
cessions was the illustration of progress as shown in 
the contrast between the rude appliances of the early 
colonial days and the labor-saving inventions of mod- 
ern science. The colors of the Calvert family — black 
and orange — were everywhere profusely displayed. 

6. Early in the year 1882, l\Ir. Enoch Pratt, a mer- 
chant of Baltimore, gave to that city over a million 
dollars to secure an annuity for a free library which 



HISTORY OF MARYLAND. 



123 



he designed to found and equip. The huil(Ung for 
the Ubrarv — whieh is now in successful oi)eration — 
was completed in 1885. It is of the Romanesque 
style of architecture, and contains room for two hun- 
dred thousand volumes. 

7. In 1882 a monument was dedicated in Balti- 
more to Colonel Armistead, who commanded Fort 
McHenry during its bombardment by tlie British 
fleet in 1814. On account of its numerous memo- 
rials of this character, Baltimore is often called the 
" Monumental City." The Battle Monument — erected 
to the memory of 
those who fell at the 
battle of North Point 
in defence of the city 
— was raised in 1815. 
The Washington 
Monument was com- 
pleted in 1829; it 
consists of a lofty 
column of white 
marble surmounted 
by a colossal statue ^\ 
of Washington. In 
1883 provision was 3 
made for raising a 
monument at An- 
na^iolis in honor of 
Baron de Kalb, and in 1886 the. General Assembly 
appropriated fifteen thousand dollars for the erection 




t vvs'T.^.V. ^^ 



BATTLE MONUMENT, BALTIMORE. 



124 HISTORY OF MARYLAND. 

in Baltimore of a similar testimonial in memory of 
Francis Scott Key. 

8. Among the acts of an important character 
passed by the General Assembly in 1886 was one 
providing for taking a vote, in the autumn of 1887, 
on the question of calling a convention to frame a 
new constitution. A bill was also passed requiring 
education on the subject of temperance in the public 
schools of the State ; and another, giving to the gov- 
ernor the appointment of school commissioners in 
Montgomery, Prince George, Charles, and Caroline 
counties. In the other counties the law authorizing 
the circuit courts to make such appointments was not 
interfered with. 

9. The population of Maryland at this time num- 
bers at least a million souls. Two centuries and a 
half have elapsed since the Ark and the Dove dis- 
embarked at St. ^hiry's the handful of adventurous 
spirits who sought security and religious freedom in 
the New World. The province founded in the spirit 
of justice and toleration has become a great and 
prosperous commonwealth, and the few struggling 
colonies in existence along the Atlantic have grown 
into a mighty empire stretching from sea to sea. 
Regarding the wonderful growth both of the State 
and of the nation, Maryland may well adopt the 
higher meaning of the legend on her great seal 
of state: "Thou hast crowned us with the shield 
of Thy favor." 



HISTORY OF MARYLAND. 125 

QUESTIONS. 

1. Give an account of the new city-hall. What is said of the 
Johns Hopkins University and hospital ? 

2. Describe the present great seal of the State. 

3. Give the liistory of the great seal. 

4. Give an account of the railroad "strike" in 1877. 

5. Describe the one hundred and fiftieth anniversary of the 
founding of Baltimore. 

6. What was done by Mr. Enoch Pratt in 18S2? 

7. What is said of Baltimore and its monuments? 

8. What important acts were passed by the General Assembly of 
1886? 

9. What is the present population of Maryland ? What is said 
of the progress of the State and of the nation? 



BIOGRAPHICAL NOTICES 



OF 



MARYLAND PATRIOTS, STATESMEN, THEOLO- 
GIANS, AND PHILANTHROPISTS. 



Josliua Barney, a commander in the United States 
navy, was Ijorn in Baltimore, July 6, 1759. He early 
manifested an inclination for a sea-life, and made sev- 
eral voyages before lie was sixteen years old. In 1775 
he was master's mate on the sloop-of-war Hornet, and, 
while recruiting for volunteers, carried the first United 
States flag ever displayed in Maryland. At the age of 
seventeen he was made lieutenant for gallant conduct. 

He was engaged in many naval fights during the 
Revolutionary war, and was twice taken prisoner. He 
was kept in England for some time, but at length es- 
caped, and reached Philadelphia in March, 1782. He 
was at once appointed to the command of the H3^der 
All}^, a small vessel of sixteen guns, with which he 
captured the British war-vessel General IMonk, of twenty 
guns, after a figlit of less than half an hour. 

In 1795 he was appointed captain in the French navy, 
but in 1800 he resigned his commission and returned 
home. During the war of 1812 he commanded tlie 
Chesapeake llotilla. He also took part in tlie battle 
of Bladensl)urg, in which he was severely Avounded. 

127 



128 



HISTORY OF MARYLAND. 



In 1815 he was sent on a mission to Europe. He died 
in 1819, while on his way to Kentucky, aged sixty years. 
He was a thorough seaman, of indomitable courage, 
rough and impetuous, but possessed of good principles 
and a kind heart. 

Commodore Barney was in pul)lic service forty-one 
years, fought twenty-six battles, and was voted a sword 
by the Legislature of Pennsylvania, and one by the cor- 
poration of Washington. 



Charles Carroll of Carrollton was born at Annap- 
olis, 8epteml)er 20, 1787, and died November 14, 1882. 
He was a patriot of the American Revolution, one of the 
signers of the Declaration of Independence, and the last 
survivor of that eminent band, having lived to see the 

republic increase in popula- 
tion from three millions to 
over thirteen millions. He 
was educated in France. His 
vast estate made him in 1776 
the ricliest man in America; 
but he risked all his wealth 
in the cause of political free- 
dom, urging the people to 
resistance and advising "the 
burning of a vessel which 
had brought tea into the 
harbor of Annapolis. 
In 1775 he was a member of the committee of obser- 
vation, and a delegate to the provincial convention. 

In 1776 he went with Dr. Franklin, Judge Chase, and 
Rev. John— afterward Archbishop— Carroll, to induce 
the Canadians to unite witli tlie colonies. When lie 
signed the Declaration, he ni)pended the name of his 




CHARLES CARROLL. 



BIOGRAPHICAL NOTICES. 



129 



estate to his signature, so tliat no otlier of the numerous 
family of Carrolls might suffer by his act. In 1788 he 
was elected a senator of tlie United States, and he con- 
tinued in public life till 1810, when he retired and de- 
voted himself to the care of his estate. 
^ On the Fourth of July, 1828, he laid the corner-stone 
of the Baltimore and Ohio Railroad, in the j^resence of 
a vast concourse of citizens. He died in the ninety-sixth 
year of his age, honored and revered by the American 
people. 



John Carroll^ born at Upper Marlboro' in 1735, 
was an eminent prelate of the Roman Catholic Church, 
and the first archbishop of that Cliurch in the United 
States. He was educated in France, and when ordained 
a priest gave his estate to his brother and took the vow 
of poverty required by the Society of the Jesuits. 

At the outbreak of the Revolution he left an honor- 
able position in England, and returned to America to 
share the trials of his coun- 
trymen. He went with his 
cousin, Charles Carroll of Car- 
rollton, Samuel Chnse, and 
Benjamin Franklin, on a mis- 
sion to Canada, returning 
home with the latter, with 
whom he formed a warm and 
enduring friendshii). He was 
consecrated bishop in 1789, in 
England, with the title of 
bishop of Baltimore. He was 
of a kind and liberal spirit, and 
was loved and res})ected by all denominations of Chris- 
tians. He died December 3, 1815, at the age of eiglity 

9 




\Kriini>>Hf)P f \RROLL 



130 HISTORY OF MARYLAND. 

years. During his episcopate the cathedral in Baltimore 
was begun. This was for many years the most costly 
ecclesiastical building in the United States. It contains 
two valuable paintings presented by the king of France. 

Samuel Chase, a signer of the Declaration of In- 
dependence, and a judge of the United States supreme 
court, was l)orn in Somerset county in 1741. The son 
of an Episcopal clergyman, he received a thorough edu- 
cation, and at the age of twenty years began the practice 
of the law in Annapolis. He was an ardent patriot, a 
leader of the friends of liberty, and a member of the 
Continental Congress of 1774. 

In 1776 he went with the Carrolls and Franklin on the 
mission to Canada. On his return he traveled through 
Maryland, arousing the people to resist British oppression. 
Through his eloquence and influence the delegates were 
instructed to vote for the Declaration, of which he was 
the ardent supporter. 

In 1783 he went as commissioner to England to re- 
cover funds belonging to Maryland, and secured pay- 
ment of six hundred and fifty thousand dollars. He 
was made chief-justice of tlie State court, and in 1796 
was appointed by Washington an associate justice of 
the supreme court. In 1804 he was impeached for 
misdemeanor in conducting political trials, l^ut was 
acquitted by the Senate. 

The reputation of Samuel Chase is that of a pure pa- 
triot and a learned judge, although he was sometimes 
overbearing and irascible. No statesman of the Revolu- 
tion was more earnest, or contributed more to secure for 
his State the noble record which she won in the great 
struggle for independence. He died June 19, 1811, aged 
seventy. 



BIOGRAPHICAL NOTICES. 



131 



Thomas John Claggett was l^orn October 2, 
1743, near Nottingham, Prince George county. He 
was the son of the Rev. Thomas Claggett, who died 
rector of William and Mary parish, Cliarles county, in 
August, 1756. His mother died soon after his birth. 
Left thus early an orphan, he was placed under the 
care of the Rev. Mr. Eversfield, his uncle, rector of 
the parish where he was born. After having l)een 
prepared, therefor at the Lower Marlboro' Academy, in 
Calvert county, he entered Princeton College, New Jer- 
sey, where he graduated in September, 1764. Having 
pursued a course of theological study under Mr. Evers- 
field, he repaired to Eng- 
land, and was ordained there 
as deacon by the bis! i op of 
London, September 20, 1767, 
and as priest, Octoljer 11, 
1767. 

Bishop Claggett's ancestor 
Thomas Claggett had come 
over from England and set- 
tled in Calvert county in 
1671. He was the son of 
Colonel Edward Claggett, of 
London, a maternar ancestor bishop claggett. 

of whom had been lord mayor of London, and a paternal 
ancestor lord mayor of Canterbury. . Finding descend- 
ants of his ancient relatives in England, Mr. Claggett 
prolonged his stay tliere nearly a year, witli great pleas- 
ure and advantage to himself. 

On his return to Maryland, in the spring of 1768, he 
was placed in charge of St. Ann's church, Annapolis, 
during a vacancy in the rectorship, and in March, 17611, 
he became rector of All Saints parish, Calvert county. 




132 HISTORY OF MARYLAND. 

There very early in his ministry he succeeded in build- 
ing a large new church, which still remains. Soon after 
this he married Miss Gantt, the daughter of one of his 
parishioners. 

Mr. Claggett had entered the ministry in the trou- 
blous and exciting times preceding the Revolution ; and 
when it began, he was found on the side of American 
liberty, and was placed on the county committee of cor- 
respondence. When, however, the convention wished to 
absolve the clergy from their canonical oaths, lie refused 
to comply, and for some time performed the usual ser- 
vices at the point of the bayonet, but soon removed to 
his estate in Prince George county. On the death of the 
old rector, he took charge of the parish, though he had 
been invited to the charge of Queen Caroline parish, in 
Anne Arundel, and to that also of St. Thomas, Baltimore 
county. The result of the contest with Great Britain he 
hailed as a " glorious revolution." In 1786 he became 
rector of St. James parish, Anne Arundel county, and 
while there, in 1792, was made bishop of the Protestant 
Episcopal Church in Maryland. Soon after this he re- 
moved to his estate in Prince George, where he was also 
again rector of the parish. He suffered in his later years 
from frequent attacks of illness, but continued in his 
episcopate till his death, which took place in 1816, at 
the age of seventy-three. 

John Eager Howard. — This renowned Revolu- 
tionary soldier and statesman was born in Baltimore 
county, June 4, 1752. In 1776 he commanded a com- 
pany in the flying-camp under General INlercer, and 
took part in the battle of White Plains. He was with 
General Washington, as major of a Maryland regiment, 
in the battles of Germantown and Monmouth. As 



BIOGRAPHICAL NOTICES. 133 

lieutenant-colonel he was with De Kail) in the South, 
and fought at Camden, South Carolina. 

At the brittle of Cowpens, January 17, 1781, he turned 
the fortune of the day, and secured a victory for the 
Americans, by a gallant bayonet-charge. This was the 
hrst occasion during the war in which the bayonet was 
effectively used by the Americans. At one period of the 
day Colonel Howard held the swords of seven British 
officers who had surrendered to him. In testimony of 
his valor, he received from Congress a silver medal. 

He commanded the Second Maryland Regiment at 
Eutaw S2)rings. In the eflbrt to dislodge the enemy, 
his command was reduced to himself, a single commis- 
sioned officer, and thirty men. With this little band he 
was returning to the charge, when he received a wound 
from which he never entirel}^ recovered. 

Colonel Howard was highly esteemed 1)y the people 
of Maryland. He held the office of governor three 
years. He was United States senator six vcars. In 
1798 he was selected by Washington as one of his 
brigadier-generals, war with France being then exj^ected. 

In 1814, when Baltimore was threatened by the 
British, the veteran patriot was active in preparing for 
defence, declaring that he would rather see his property 
in ashes and his sons in their graves than capitulate to 
the foe. 

He died October 12, 1827, aged seventy-five years, 
universally lamented. Of How\ard, General Greene 
said that " lie deserved a statue of gold no less than 
Grecian and Roman heroes." 

Francis Scott Key, the author of the "Star- 
Spangled Banner," was a native of Maryland. He 
was born in Frederick count}^, August, 1779, and died 



134 HISTORY OF MARYLAND. 

on a visit to his daughter, Mrs. Howard, in Baltimore 
City, January, 1848. 

He graduated at St. John's College, Annapolis, at the 
early age of seventeen. In his class were Robert Henry 
Goldsborough, subsequently United States senator, and 
his friend, Daniel Murray, Dr. John Shaw, and others, 
called by their distinguished president his " tenth legion," 
on account of their brilliant success in their studies. 

After leaving college he studied law, and became a 
member of the bar in Frederick. Soon after, he married, 
in Annapolis, the youngest sister of Governor Edward 
Lloyd, and removed to the District of Columbia. There 
he attained to high prominence in the neighboring county 
courts and in the United States supreme court, where 
from the first he received encouraging notice from Chief- 
Justice Marshall. 

In person, Mr. Key was above the medium height, 
and slender in form. His voice Avas sonorous, but flex- 
ible and pleasing. His articulation was distinct, and 
his gestures were natural and graceful. His self-pos- 
session was complete, and his style of speech was clear, 
chaste, and beautiful. As an orator he had few^ equals, 
and fewer superiors. 

Mr. Key's poem " The Star-Spangled Banner " will 
cause his name to be ever remembered by his coun- 
trymen. An account of the circumstances under which 
it was composed was written l^y liis brother-in-law, the 
late Chief-Justice Taney, and is substantially as follows : 

The British troops, returning" to their ships after hav- 
ing Inu'ned the public buildings and records at Wash- 
ington, while passing through Prince George county 
arrested Dr. Beanes, a well-known and influential citi- 
zen. Mr. Key obtained permission to visit tlie admiral 
and endeavor to procure the release of the prisoner. 



BIOGRAPHICAL NOTICES. 135 

A\^]iile on this errand, Mr. Key was detained by the 
connnander of the fleet until an attack about to be made 
upon Baltimore should be over. He was placed on his 
own vessel, under a guard of marines, and remained on 
deck during the night, watching the course of every shell 
as it was fired, and waiting with the utmost anxiety for 
the dawn of day. 

As the light came, he turned his glass toward the fort, 
and saw that " our flag was still there." Under the ex- 
citement of the night-watch, " The Star-Spangled Ban- 
ner " was composed. Brief notes were penciled upon 
the back of a letter while the enemy was retreating, 
and the song was finished in the boat on the way to 
the shore. 

Mr. Key was a polished Christian gentleman, hos- 
pitable, cheerful, social, and widely known both in 
his civic and in his professional reputation. He was 
an orator, a poet, a patriot, and a philanthropist, — one 
whose memory Maryland delights to honor. 

John McDoiiog'li, the founder of the McDonogh 
Institute for the relief of destitute boys, was born in 
Baltimore, December, 1779, and died in New Orleans, 
October 26, 1850. His father fought in the hottest bat- 
tles of the Revolutionary struggle. 

Young McDonogh received from pious parents a plain 
education. In 1803 he removed to New Orleans, where 
he engaged in mercantile business with distinguished 
success. In the war of 1812 he served in tlie ranks, 
under General Jackson, 

Unmarried, and with no expensive tastes or habits, 
Mr. McDonogh soon becaivie wealthy. His investments 
were chiefly in real estate near New Orleans, which rap- 
idly increased in value. 



136 HISTORY OF 3IARYLANI). 

By will, he devised all his property to the cities 
of Baltimore and New Orleans for the support of 
free schools for the 2)oor of hoth sexes, irrespective 
of color. In these schools certain, hranches are to be 
taught, tlie Bible is to be used at all times, singing-' 
classes are to be established, and the children are to 
be instructed in a knoAvledge of their duty to God 
and to man. 

By litigation tlie estate sufiered great diminution, so 
tliat the benevolent plans of the liberal projector were 
not fully carried out. The city of Baltimore, however, 
received about five hundred thousand dollars, with 
which an institution was established in accordance 
with the will of the donor. 

A monument was erected to the memory of John 
McDonogh, July 18, 1865, in Greenmount Cemetery, by 
the authorities of Baltimore and New Orleans, in the 
presence of a large assembly. 

William Paca, a patriot of the Revolution, and a 
signer of the Declaration of Independence, was born in 
Harford county, October 31, 1740. He enjoyed the ad- 
vantages of a thorough classical and legal education. 
He was a memlier of the provincial Legislature in 1771, 
and was eminent for his advocacy of the rights of the 
colonies, and for his opposition to the tyranny of the 
king. As a mem])er of the Continental Congress, he 
affixed his name to the Declaration of Independence. 
He held many offices of dignity and trust. For two 
years he was a senator ; from 1778 to 1780, judge of the 
supreme court; and in 1782, governor of Maryland, to 
which office he was re-elected in 1786, being then a 
member of Congress. 

In 1789 he was appointed judge of the district court 



BIOGRAPHICAL NOTICES. 137 

of the United States for Maryland, which office he held 
at the time of his death, in 1799. 

He is represented to have been a man of great worth, 
distinguished for a highly-cultivated intellect, for pol- 
ished manners, and for public and social virtues. The 
State-house at Annapolis is adorned by a splendid por- 
trait of this eminent citizen and patriot. 

Charles Wilson Peale, an American painter, was 
born in Chestertown, Kent county, April 16, 1741. He 
was l)y trade a saddler, but, having an almost universal 
genius, he followed at different times the occupations of 
watch and clock maker, silversmith, preserver of animals, 
dentist, and })ublic lecturer. 

He received instruction in the art of painting from 
Hesselius, a German, to whom he gave a saddle for the 
privilege of seeing him paint. 

Peale made for himself a violin and a guitar, and was 
the first dentist in America who prepared sets of enamel 
teeth. In all these arts he was chiefly self-taught. 

By the aid of friends he went, in 1770, to London, 
where he Ijecame a pupil of the renowned Benjamin 
West. Returning to America, he first established him- 
self in Annapolis, but afterward settled in Philadelpliia, 
where for man}^ years he was tlie chief portrait-painter 
in North America. 

Mr. Peale was a patriot, and commanded a company 
in the battles of Trenton and Germantown. He was 
opjoosed to slavery, and, as a member of the Legislature 
of Pennsylvania, urged the passage of an emancipation 
act. 

In 1785 he commenced in Philadelphia the celebrated 
Peale's ^luseum, which for many years was the largest 
and most valuable collection of natunil curiosities in 



138 



HISTORY OF IIARYLANB. 



the United States. Its principal attraction was an 
entire skeleton of a mammoth. He also established a 
museum in Baltimore. Mr. Peale died, after a life of 
extraordinary exertion and temperance, in 1827, aged 
eighty-five years. His son Rembrandt was an artist of 
great merit. 



William Pinkney, one of the most eminent law- 
yers and statesmen of Maryland, was born at Annapolis, 
March 12, 1764. Early in life he gave indication of un- 
usual talent. At eighteen years of age he commenced 
the study of medicine, but soon abandoned it for the 
law. His first efforts in this field established his repu- 
tation. In 1788 — then only twenty-four years old — he 
was a member of the convention which ratified the 
Constitution of the United States, and subsequently he 

was elected to the House of 
Delegates, to the Senate, and 
to tlie Council. 

In 1796 he was sent to Lon- 
don by President Washington 
as commissioner, and in 1804 
returned to be attorney-gen- 
eral of his native State. In 



1806 he went to England_ as 
minister, returning in 1811 to 
be Attorney-General of the 
United States. 

In the war of 1812 he was 
a captain of volunteers, and was severely wounded at 
the battle of Bladensburg. He was afterAvard a member 
of Congress, minister to Russia, and special minister to 
Naples. 

In 1819 he was elected to the United States Senate. 




WILLIAM PINKNEY. 



BIOGRAPHICAL NOTICES. 



139 



Here he was one of the leading orators, and possessed 
great influence. He advocated the Missouri Compro- 
mise, by which it was determined that slavery should 
be excluded from all States erected out of territory 
north of latitude 36° 30^ 

Pinkney died February 22, 1822, aged fifty-eight years. 
He was by general acknowledgment at the head of the 
American bar, occupying the same position as that held 
by Daniel Webster some years later, and afterward by 
an eminent Maryland lawyer and statesman, Reverdy 
Johnson. 



Etlg^ar Allan Poe, a famous author, was born in 
Boston, January _ 



19, 1809. nis pa- 



Hi 




r e n t s w e r e con- 
nected with the 
theatrical profes- 
sion, and at the 
time of his birth 
were fulfilling an 
engagement in 
that city. His 
father, Daniel Poe, 
was a Baltimorean 
of good family. 

In 1811, Poe's 
father and mother 
died, and he was 
adopted by his 
godfather, Mr. 
Allan, a wealtliy 
merchant of Balti- 
more, who sent him to school in England. After re- 



THE POE MEMORIAL. 



140 HISTORY OF MARYLAND. 

maiiiing there some years, he was placed at an academy 
in Richmond, Virginia, and at the age of seventeen en- 
tered the University of Virginia. While here he became 
alienated from his godfather, and disappeared for two 
years, returning to Richmond. in 1829. The next year 
he entered West Point, but liis literary inclinations led 
to neglect of duty and disobedience of orders, which 
finally resulted in his dismissal. 

Poe's first literary success was in 1833, when he was 
awarded the prize for a story in one of the Baltimore 
papers. The rest of his life was devoted to literature, 
and he was for fifteen years connected with magazines 
in Richmond, New York, and Philadelphia. The asser- 
tion that he was for a great part of this time incapaci- 
tated for permanent employment by reason of intem- 
perate habits seems to be utterly unfounded, though it 
appears that toward the close of his life, through do- 
mestic anxieties and other causes, he had recourse to 
stimulants. He died in Baltimore in 1849. A monu- 
ment was erected to his memory some years later by 
the teachers and scholars of the Baltimore public schools. 

Poe's writings include a large number of poems, tales, 
essays, and criticisms which display great inventive 
power. They coml)ine remarkable grace and smooth- 
ness with weird and terrible impressiveness, and show 
in vivid colors the heights and depths of human pas- 
sion and sentiment. 

Samuel Riiigg^old, an officer of the regular army 
of the United States, was born near HagerstoAvn, in 
Washington county, in 1800. Having received a thor- 
ough military education at West Point, he was commis- 
sioned second lieutenant when only eighteen years old. 
He was much esteemed by General Scott, under whom 



BIOGRA PHICA L NO TICES. 



141 



he served as aide-de-camp. For gallant conduct in the 
Florida war against the Seminole Indians, he was bre- 
vetted major. 

Major Ringgold organized a corps of Hying-artillery, 
which he brought to a high 
degree of efhciency. His bat- 
tery was stationed at Fort Mc- 
Henry, near Baltimore, and 
attracted tlie attention of citi- 
zens and strangers, wlio wit- 
nessed with admiration the 
rapidity and precision of the 
evolutions. 

He was killed at Palo Alto, 
in Texas, May 11, 1846, during 
the war with Mexico. His 
funeral in Baltimore was at- 
tended by a large number of citizens and soldiers, and 
witnessed by vast crowds of people. 

The mansion where Ringgold was born is now the 
College of St. James. 




SAMT-EL RINGGOLD. 



John Rodders, an eminent naval commander, was 
born in Harford county in 1771. He entered the navy 
as lieutenant in 1798, and continued in the service till 
his death, in 1838. He was a gallant and valuable 
officer, and rendered efficient service both on land and 
at sea. His first fight was with a French frigate, which 
he captured and brought into port. With a very weak 
prize crew, he kept down the prisoners, who were in- 
clined to mutiny, and worked the ship through a gale 
of three days' continuance. 

He had command in the war with Tripoli, and was 
actively engaged during the war of 1812. For many 



142 HISTORY OF MARYLAND. 

years he served as president of the board of navy 
commissioners. 

Moses Sheppard.— The founder of the Sheppard 
Asylum for the Insane was born in 1773, and died Feb- 
ruary 1, 1857, aged eighty-four years. It was not until 
he Avas dead that the world knew of the grand design 
which he had entertained through life. His object was, 
by diligence in business and by prudent economy, to 
acquire the means to do good to his fellow-men. 

When quite young, he served in a store at Jericho 
Mills kept by Jesse Tyson. In 1793 he went to Balti- 
more and obtained employment in a grocery and pro- 
vision store on Cheapside. His good behavior, diligence, 
and integrity won the confidence of his employer, and 
the poor orphan boy became successively chief assistant, 
partner, and sole proprietor. By practicing rigid econ- 
omy and exercising a judicious discretion in his invest- 
ments, he eventually increased his fortune to the sum of 
six hundred thousand dollars. 

His religious sentiments were those of the Society of 
Friends, and his attendance upon meeting was constant 
almost to the time of his death. After he died, the pur- 
pose for which he had labored so diligently and lived so 
prudently was found to l)e to l)enefit those afflicted creat- 
ures who most need sympathy and protection. He wished 
the experiment to l)e tried, to ascertain how much good 
can result from close attention, with ample means, to 
everything which can alleviate the condition of the 
insane. 

The asylum which bears his name is a splendid edi- 
fice, a, noble monument to the memory of a good man 
and a true philanthropist. The plan of the building 
was suggested by Dr. D. T. Brown, who visited Europe 



BTOGRAPHICAL NOTICES. 



143 



to examine insane hospitals with special reference to 
their being curative in construction and administration. 
Much more space is afforded to the patients than is cus- 
tomary in such institutions. 

The structure is fireproof throughout, and great care 
has been directed to ventilation, warming, and the sup- 
ply of water. In addition to the usual arrangement of 
wards, there is a convalescent (Icpartincnt, which affords 




SHEPPARD ASYLUM. 



the comforts and conveniences of a first-class country 
residence. Free from all appearances of restraint, it 
offers to the inmates fecilities for probationary treat- 
ment before they finally return to their homes. 
■^ The grounds attached to the asylum comprise three 
hundred and seventy-five acres, which are provided with 
roads and paths for exercise, that patients may have 
every advantage without the exposure of riding or 
walking on public highways. 



Thomas Stone, ^ the youngest of the Maryland 



144 HISTORY OF MARYLAND. 

signers of the Declaration of Independence, was a lineal 
descendent of William Stone, who was governor of the 
province during the protectorate of Oliver Cromwell. 
He was born in Charles county in 1743, and received 
his education under the care of a Scotch gentleman of 
erudition and taste. He studied law at Annapolis, and 
commenced its practice at Fredericktown in 1769, but 
soon removed to Charles county. iVs a member of the 
Continental Congress, he stood forth a champion of his 
country's rights and honor. He was again a member of 
Congress when Washington resigned his office of com- 
mander-in-chief, and witnessed that sublime ceremony. 
In 1787 he was appointed a delegate to the convention 
which formed the Constitution of the United States, but 
was obliged to decline. He died during the autumn of 
this year, at the early age of forty-four years, greatly la- 
mented \)j all patriotic citizens. He w^as repeatedly a 
member of the Senate of Maryland, and was in a variety 
of ways devoted to tlie liberty and welfare of the colonies. 
His early death deprived Maryland of the counsels of a 
citizen who, by his prudence, energy, and wisdom, had 
won the respect and confidence of all classes of the 
people. 

Roger Brooke Taney, whose ancestors on both 
sides were among the early settlers of Maryland, was 
born in Calvert county on the 17th of March, 1777, and 
was educated at Dickinson College, Carlisle, where he 
graduated in 1795. In the spring of 1796 he commenced 
the study of the law at the city of Annapolis, and was 
admitted to the l)ar in the spring of 1799. 

On his return to his native county, he was in the fall 
of the same year elected to the House of Delegates, 
and, having removed in 1801 to Frederick City, he was 



BIOGRAPHICAL NOTICES. 



145 




ROGER BROOKE TANEY. 



in 1816 elected a member of the Senate of jNIaryland, 
and continued in that body until 1821. 

In 1823 he removed to the city of Baltimore, and in 
1827 was appointed attorney- 
general of Maryland by the 
governor and Council, though 
belonging to a different politi- 
cal party. He continued to 
hold the office of attorney- 
general of Maryland until 
June, 1831, when he wan ap- 
pointed Attorney-General of 
the United States. This of- 
fice he resigned in September, 
1833, upon l)eing a})pointed 
Secretary of thtj Treasury. 
His nomination for that position was rejected by the 
Senate in June, 1834, and he then resumed the prac- 
tice of his profession. 

During the brief period that he lield tlie office of Sec- 
retary of the Treasury, the Senate had an anti-adminis- 
tration majority, whicli favored the renewal of the United 
States Bank and opposed the policy of removing the de- 
posits of government funds to local banks selected by 
the Secretary. This subject caused much debate be- 
tween the political parties tlien known as Whigs and 
Democrats. 

In 1835, Mr. Taney was nominated as associate justice 
of the supreme court; but the Senate, being still opposed 
to the President, did not act upon the nomination. In 
March, 1836, upon the death of Chief-Justice Marshall, 
Mr. Taney was confirmed by the Senate (whicli had 
changed its political majority) as chief-justice of the 
supreme court of the United States upon his nomina- 

10 



146 HISTORY OF 3TARYLAND. 

tion to that office by President Jackson. He took his 
seat upon the bench of the supreme court of the United 
States in January, 1887, retaining this position until his 
death, which took place, in the city of Washington, on 
the 12th of October, 1(S64, in his eighty-eighth year. 
Since the foundation of the government there have been 
six chief-justices, two of whom — Marshall and Taney — 
held the seat for sixty-four years, from 1800 to 1864. 

Mr. Taney was esteemed for his high moral and re- 
ligious character as well as for his legal attainments. 
Though reaching an unusual age, he retained the vigor 
and clearness of mind which characterized his earlier 
years, and continued to occupy his seat upon the su- 
preme bench almost to the day of his death. 

Otho Holland Williams, a distinguished Revo- 
lutionary officer, was born in Prince George county, 
Maryland, in 1749. His ancestors were Welsh, and 
came to America soon after Lord Baltimore became 
proprietor of Maryland. He was early left an orphan, 
and spent a number of years in the clerk's office of 
Frederick county, and in a similar position in the city 
of Baltimore. In the beginning of the Revolutionary 
struggle he was made lieutenant of a rifle company, 
and joined the American army at the siege of Boston. 

In 1776 he was api3ointed major of a rifle regiment, 
and was in command of the regiment when it was cap- 
tured at the taking of Fort Wasliington, New York, by 
the British. In this action Major Williams withstood 
the attack of the Hessian cohunn with determined 
]:)ravery, and was severely wounded. After the sur- 
render of Burgoyne he was exchanged, and was ap- 
pointed colonel of the Sixth Maryland regiment. He 
took an active part in the campaigns at the South, and 



BIOGRAPHICAL NOTICES. 



147 



after the reduction of Charleston accompanied Baron 
de Kalb to Houth CaroHna, and was made adjutant- 
general when General Gates assumed the chief com- 
mand. He ably seconded General Greene at Guilford 
and Hobkirk, and by his brilliant charge at Eutaw he 
decided the fortune of the day. In recognition of his 
distinguished services he was made brigadier-general in 
1782. After the war he was appointed collector of cus- 
toms for the State of Maryland, and held that office until 
his death, in 1794. 



Williciiu Wirt was born in Bladensburg, Novem- 
ber 8, 1772. His father was a native of Switzerland ; his 
mother, of Germany. At the age of eight years he was 
left an orpha^n under the care of his uncle. He attended 
school four years, and when 
fifteen years old had com- 
pleted the course of Latin 
and' Greek classics usually 
taught in the academies. 
Not having the means of 
procuring a college educa- 
tion, he taught school for two 
years. He then commenced 
the study of law, and at the 
age of twenty was admitted 
to practice at Culpeper court, 
in Virginia, where he l)ecame 
acquainted with Jefferson, Madison, and Monroe. He 
was clerk of the House of Dc^legates and chancellor of 
the Eastern Shore. 

In 1807 he assisted at the trial of Aaron Burr, and 
dis[)layed learning and elof[uence whicli establislied his 
reputation as one of the leading orators of the day. 




WILLIAM WIRT. 



148 HISTORY OF 3IABYLAND. 

In 1816 he was attorney of the United States for Vir- 
ginia. In 1817 he was appointed by President Monroe 
Attorney-General of the United States, which office he 
held twelve years. Retiring from public life, he re- 
moved to Baltimore and devoted himself to the practice 
of his profession. In 1832 he Avas the candidate of the 
Anti-Masonic party for the Presidency of the United 
States. He died February 18, 1834, aged sixty-two 
years. 

The reputation of Wirt as a scholar and a writer was 
high, and in all the relations of private life, as a, man 
and as a Christian, he was regarded with affection and 
veneration. He published several Avorks, of which the 
" Life of Patrick Henry " is the most popular. It has 
been styled " a most masterly handling of the pen of 
biography." 



COUNTIES AND GOVERNORS. 



149 



COUNTIES OF MARYLAND. 



Couuties. 


Orgauized. 


Popnlatiou, 1S80. 


County-Seats. 


St. Mary's . . . 


1634 


16,934 


Leonard town. 


Anne Arundel . 


1650 


28,526 


Annapolis. 


Kent 


1650 


17,605 


Chestertown. 


Calvert . . 




1654 


10,538 


Prince Fredericktown. 


Charles . . 




1658 


18,548 


Port Tobacco. 


Baltimore . 




1659 


83,336 


Towson. 


Talbot . . 




1660 


19,065 


Easton. 


Somerset 




1666 


21,668 


Princess Anne. 


Cecil . . . 




1674 


27,108 


Elkton. 


Prince George 


's 


1695 


26,451 


Upper Marlboro' 


Dorchester . 




1699 


23,110 


Cambridge. 


Queen Ainie 




1706 


19,257 


Centreville. 


Worcester . 




1742 


19,539 


Snow Hill. 


Frederick . 




1748 


50,482 


Frederick. 


Harford . . 




1773 


28,042 


Bel Air. 


Caroline . . 




1773 


13,766 


Denton. 


Washington 




1776 


38,561 


Hagerstown. 


Montgomery 




1776 


24,759 


Rockville. 


Allegany 




1789 


38,012 


Cumberland. 


Carroll ' . . 




1836 


30,992 


Westminster. 


Howard . . 




1851 


16,140 


Ellicott City. 


Wicomico . 




1867 


18,016 


Salisbury. 


Garrett . . 




1872 


12,175 


Oakland. 



Note.— By the act of 1850, Baltimore City was made a separate county, 



GOVERNORS OF MARYLAND. 
PROPRIETARY GOVERNORS. 
]fi3.3 — Leoxaud Calvert. 1662— Charles Calvert. 



1647 — Thomas Green. 
1649 — William Stone. 
1654 — Bennett and Matthews, Par- 
liament Commissioners. 
1658 — .JosiAs Fendall, 
1661 — Philip Calvert. 



1667 — Charles, Lord Baltimore. 
1678— Thomas Notly. 
1681 — Charles, Lord Baltimore. 
1685 — Wm. Joseph, Pres. of Deputies. 
1689 — Convention of Protestant 
Association. 



150 



HISTORY OF MARYLAND. 



ROYAL 
1691 — Sir Lionel Copley. 
1693 — Sir Edmond Andros. 
1694 — Francis Nicholson. 
1699 — Nathaniel Blackistone. 



GOVERNORS. 

1703— Thomas Tench, Pres. 
1704 — John Seymour. 
1709 — Edward Lloyd, Pres. 
1714— John Haht. 



PROPRIETARY 
1715 — John Hart. 
1720 — Charles Calvert. 
1727 — Benedict Leonard Calvert, 
1732 — Samuel Ogle. 
1733 — Charles, Lord Baltimore. 
1735 — Samuel Ogle. 



GOVERNORS. 

1742 — Thomas Bladen. 
1747 — Samuel Ogle. 
1752 — Benjamin Tasker, Pres. 
1753 — Horatio Sharpe. 
1769 — Robert Eden. 



STATE 
1777 — Thomas Johnson. 
1779 — Thomas Sim Lee. 
1782— AViLLiAM Paca. 
1785 — William Smallwood. 
1788 — John Eager Howard. 
1791 — George Plater. 
1794 — John H. Stone. 
1797 — John Henry. 
1798 — Benjamin Ogle. 
1801 — John Francis Mercer. 
1803— Robert Bowie. 
1806 — Robert Wright. 
1809 — Edward Lloyd. 
1811 — Robert Bowie. 
1812 — Levin Winder. 
1815 — Charles Ridgeley. 
1818 — Charles Goldsborough. 
1819 — Samuel Sprigg. 
1822 — Samuel Stevens, Jr. 
1825 — Joseph Kent. 
1828— Daniel Martin. 



GOVERNORS. 

1829 — Thomas King Carroll. 
1830— Daniel Martin. 
1831 — George Howard. 
1832 — James Thomas. 
1836— Thomas W. Veazey. 
1838— William Grason. 
1841 — Francis Thomas. 
1844— Thomas G. Pratt. 
1847 — Philip Francis Thomas. 
1850 — E. Louis Loave. 
1854 — T. Watkins Ligon. 
1857 — T. Holliday Hicks. 
1861 — Augustus W. Bradford. 
1865 — Thomas Swann. 
1867— Oden Bowie. 
1871 — AViLLiAM Pinkney Whyte. 
1874 — James Black Groom e. 
1876 — John Lee Carroll. 
1880— William T. Hamilton. 
1884 — Robert M. McLane. 
1885 — Henry Lloyd. 



CONSTITUTION OF MARYLAND, 

ADOPTED BY THE CONVENTION 



WHICH ASSEMBLED AT THE CITY OF ANNAPOLIS ON THE EIGHTH 

DAY OF MAY, EIGHTEEN HUNDRED AND SIXTY-SEVEN, AND 

ADJOURNED ON THE SEVENTEENTH DAY OF AUGUST, 

EIGHTEEN HUNDRED AND SIXTY-SEVEN. 



DECLARATION OF RIGHTS. 

We, the Peoijle of the State of Maryland, grateful to Almighty God 
for our civil and religious liberty, and taking into our serious 
consideration the best means of establishing a good Constitution 
in this State for the sure foundation and more permanent se- 
curity thereof, declare: 

Article 1. That all Government of right originates from the 
People, is founded in compact only, and instituted solely for the 
good of the Mdiole ; and they have, at all times, the inalienable 
right to alter, reform or abolish their Form of Government, in 
such manner as they may deem expedient. 

Art. 2. The Constitution of the United States and the Laws 
made, or which shall be made in pursuance thereof, and all 
Treaties made, or which shall be made, under the authority of 
the United States, are, and shall be the Supreme LaAv of the State ; 
and the Judges of this State, and all the People of this State, are, 
and shall be bound thereby ; anything in the Constitution or Law 
of this State to the contrary notwithstanding. 

Art. 3. The powers not d(?legated to the United States by the 
Constitution thereof, nor prohibited by it to the- States, are re- 
served to the States respectively, or to the people thereof 

Art. 4. That the People of this State have the sole and exclu- 

151 



152 CONSTITUTION OF MARYLAND. 

sive riiiht of regulating the internal government and police 
thereof, as a free, sovereign and independent State. 

Art. 5. That the Inhabitants of Maryland are entitled to the 
Common Law of England, and the trial by Jury, according to the 
course of that Law, and to the benefit of such of the English Stat- 
utes as existed on the Fourth day of July, seventeen hundred and 
seventy-six ; and which, by experience, have been found applicable 
to their local and other circumstances, and have been introduced, 
used and practiced by the Courts of Law or Equity ; and also of 
all Acts of Assembly in force on the first day of June, Eighteen 
hundred and Sixty-seven ; except such as may have since expired, 
or may be inconsistent with the provisions of this Constitution ; 
subject, nevertheless, to the revision of, and amendment or repeal 
by, the Legislature of this State. And the Inhabitants of Mary- 
land are also entitled to all property derived to them from, or 
under the Charter granted by Ilis Majesty Charles the First to 
Caecilius Calvert, Baron of Baltimore. 

Art. 6. That all persons invested with the Legislative or Execu- 
tive powers of Government are the Trustees of the Public, and, as 
such, accountable for their conduct : Wherefore, whenever the 
ends of Government are perverted, and public liberty manifestly 
endangered, and all other means of redress are ineffectual, the 
People may, and of right ought, to reform the old, or establish a 
new Govermiient ; the doctrine of non-resistance against arbitrary 
power and oppression is absurd, slavish and destructive of the 
good and happiness of mankind. 

Art, 7. That the right of the People to participate in the Leg- 
islature is the best security of liberty and the foundation of all 
free Government ; for this purpose, elections ought ti> be free and 
frequent ; and every white male citizen, having the qualifications 
prescribed by the Constitution, ought to have the right of suffrage. 

Art. 8. That the Legislative, Executive and Judicial' powers of 
Government ought to l)e forever separate and distinct from each 
other ; and no person exercising the functions of one of said De- 
partments shall assume or discharge the duties of any other. 

Art. 9. That no power of suspending Laws or the execution of 
Laws, unless by, or derived from the Legislature, ought to be ex- 
ercised or allowed. 



CONSTITUTION OF MARYLAND. 153 

Art. 10. That freedom of speech and deljate. or proceedinos in 
the Legishiture, ought not to l)e impeached in any Court of Judi- 
cature. 

Art. 11. Tliat Annapolis l)e the place of meeting of the Legis- 
lature ; and the Legishiture ought not to be convened, or held at 
any other place but from evident necessity. 

Art. 12. That for redress of grievances, and for amending, 
strengthening and preserving the Laws, the Legislature ought to 
1)6 frequently convened. 

Art. 13. That every man hath a right to petition the Legisla- 
ture for the redress of grievances in a peaceable and orderly 
manner. 

Art. 14. That no aid, charge, tax, burthen or fees ought to be 
rated or levied, under any pretence, without the consent of the 
Legislature. 

Art. 15. That the levying of taxes by the poll is grievous and 
oppressive, and ought to be prohibited ; that paupers ought not 
to be assessed for the support of the Government ; but evei-y per- 
son in the State, or person holding property therein, ought to con- 
tribute his proportion of puldic taxes for the support of the Gov- 
ernment, according to his actual worth in real or personal property ; 
yet, fines, duties or taxes may properly and justly be imposed, or 
laid, with a political view for the good government and l)enefit of 
the community. 

Art. 16. That sanguinary Laws ought to be avoided as far as it 
is consistent with the safety of the State ; and no Law to inflict 
cruel and unusual pains and penalties ought to ]je made in any 
case, or at any time, hereafter. 

Art. 17. That retrospective Laws, punishing acts committed 
before the existence of such Laws, and by them only declared 
criminal, are oppressive, unjust and incompatible Avith liberty; 
Avherefore, no ex post facto Law ought to be made ; nor any retro- 
spective oath or restriction be imposed, or required. 

Art. 18. That no Law to attaint ptu-ticular persons of treason 
or felony, ought to be made in any (;ase, or at any time, hereafter. 

Art. 19. That every man, for any iujury done to him in his 
person or property, ought to have remedy liy the course of the 
Law of the Land, and ought to have justice and right, freely with- 



154 CONSTITUTION OF MARYLAND. 

out sale, fully without any denial, and speedily without delay, 
according to the Law of the Land. 

Art. 20. That the trial of facts, wdiere they arise, is one of 
the greatest securities of the lives, liberties and estate of the 
People. 

Art. 21. That in all criminal prosecutions, every man hath a 
right to be informed of the accusation against him •, to have a 
copy of the Indictment, or charge, in due time (if required) to pre- 
pare for his defense ; to be allowed counsel •, to be confronted with 
the witnesses against him ; to have process for his witnesses ; to 
examine the witnesses for and against him on oath ; and to a 
speedy trial by an impartial jury, without whose unanimous con- 
sent he ought not to be found guilty. 

Art. 22. That no man ought to be compelled to give evidence 
against himself in a criminal case. 

Art. 23. That no man ought to be taken or imprisoned or dis- 
seized of his freehold, liberties or privileges, or outlawed, or ex- 
iled, or in any manner destroyed, or deprived of his life, liberty 
or property, but by the judgment of his peers, or by the Law of 
the Land. 

Art. 24. That Slavery shall not be re-established in this State; 
but having been al)olished, under the policy and authority of the 
United States, compensation, in consideration thereof, is due from 
the United States. 

Art. 25. That excessive bail ought not to be required, nor ex- 
cessive fines imposed, nor cruel or unusual punishment inflicted, 
by the Courts of Law. 

Art. 26. That all warrants, without oath or affirmation, to search 
suspected places, or to seize any person m\ property, are grievous 
and oppressive •, and all general Avarrants to search suspected 
places, or to apprehend suspected persons, without naming or 
describing the place, or the person in special, are illegal, and 
ought not to l)e granted. 

Art. 27. That no conviction shall work corruption of blood or 
forfeiture of estate. 

Art. 28. That a well regulated Militia is the proper and natural 
defense of a free Government. 

Art. 29. That standing Armies are dangerous to liberty, and 



CONSTITUTION OF MARYLAND. 155 

ought not to l)e raised, or kept up, without the consent of the 
Legishxture. 

Art, 30. That in all cases, and at all times, the military ought 
to be under strict subordination to, and control of, the civil power. 

Art. 31. That no soldier shall, in time of peace, be quartered 
in any house, without the consent of the owner, nor in time of 
war, except in the manner prescribed by Law. 

Art. 32. That no person except regular soldiers, marines, and 
mariners in the service of this State, or militia, when in actual 
service, ought, in any case, to be sul)ject to, oi- punishable by 
Martial Law. 

Art. 33. That the independency and uprightness of Judges are 
essential to the impartial administration of Justice, and a great 
security to the rights and liberties of the People ; Wherefore, the 
Judges shall not be removed, except in the manner, and for the 
causes, provided in this Constitution. No Judge shall hold any 
other office, civil or military, or political trust, or employment of 
any kind whatsoever, under the Constitution or Laws of this State, 
or of the United States, or any of them ; or receive fees, or per- 
quisites of any kind, for the discharge of his official duties. 

Art. 34. That a long continuance in the Executive Departments 
of power or trust is dangerous to liberty ; a rotation therefore in 
those Departments is one of the best securities of permanent free- 
dom. 

Art. 35. That no person shall hold, at the same time, more 
than one office of profit, created by the Constitution or Laws of 
this State ; nor shall any person in public trust receive any present 
from any foreign Prince or State, or from the United States, or 
any of them, without the approbation of this State. 

Art. 36. That as it is the duty of every man to worship God in 
such manner as he thinks most acceptal)le to Ilim, all persons are 
equally entitled to protection in their religious liberty ; wherefore, 
no person ought, by any Law, to be molested in his person or estate, 
on account of his religious persuasion, or profession, or for his re- 
ligious practice, unless, under the color of religion, he shall dis- 
turb the good order, peace or safety of the State, or shall infringe 
the laws of morality, or injure others in their natural, civil or 
religious rights ; nor ought any person to be compelled to fre- 



156 CONSTITUTION OF MARYLAND. 

quent, or maintain, or contribute, unless on contract, to maintain, 
any place of worship, or any ministry ; nor shall any person, 
otherwise competent, be deemed incompetent as a witness, or juror, 
on account of his religious belief; provided, he believes in the ex- 
istence of Grod, and that under His dispensation such person will 
be held morally accountable for his acts, and be rewarded or pun- 
ished therefor either in this world or the world to come. 

Art. 37. That no religious test ought ever to be required as a 
qualification for any office of profit or trust in this State, other 
than a declaration of belief in the existence of God; nor shall 
the Legislature prescribe any other oath of office than the oath 
prescribed by this Constitution. 

Art. 38. That every gift, sale or devise of land to any Minis- 
ter, Public Teacher or Preacher of the gospel, as such, or to any 
Religious Sect, Order or Denomination, or to, or for the support, 
use or benefit of, or in trust for, any Minister, Public Teacher or 
Preacher of the gospel, as such, or any Religious Sect, Order or 
Denomination ; and every gift or sale of goods, or chattels, to go 
in succession, or to take place after the death of the Seller or 
Donor, to or for such support, use or benefit ; and also every de- 
vise of goods or chattels to or for the support, use or benefit of 
any Minister, Public Teacher or Preacher of the gospel, as such, 
or any Religious Sect, Order or Denomination, without the prior, 
or subsequent sanction of the Legislature, shall be void ; except 
always, any sale, gift, lease or devise of any quantity of land, not 
exceeding five acres, for a church, meeting house, or other house 
of worship, or parsonage, or for a burying ground, which shall 
be improved, enjoyed, or used only for such purpose : or such 
sale, gift, lease, or devise shall be void. 

Art. 39. That the manner of administering an oath or affirma- 
tion to any person, ought to be such as those of the religious per- 
suasion, profession, or denomination, of which he is a member, 
generally esteem the most efi*ectual confirmation by the attestation 
of the Divine Being. 

Art. 40. That the liberty of the press ought to be inviolably 
preserved ; that every citizen of the State ought to be allowed to 
speak, writ^ and publish his sentiments on all subjects, being 
responsible for the abuse of that privilege. 



CONSTITUTION OF MARYLAND. 157 

Art. 41. That monopolies are odious, contrary to the spirit of 
a free government and the principles of commerce, and ought not 
to be suffered. 

Art. 42. That no title of nol)ility or hereditary honors ought 
to be granted in this State. 

Art. 43. That the Legislature ought to encourage the diffusion 
of knowledge and virtue, the extension of a judicious system of 
general education, the promotion of literature, the arts, sciences, 
agriculture, commerce and manufactures, and the general meliora- 
tion of the condition of the People. 

Art. 44. That the provisions of the Constitution of the United 
States, and of this State, apply, as w^ell in time of v\^ar, as in time 
of peace ; and any departure therefrom, or violation thereof, 
under the plea of necessity, or any other plea is subversive of 
good Government, and tends to anarchy and despotism. 

Art. 45. This enumeration of Rights shall not be construed to 
impair or deny others retained by the People. 



CO^STITUTIO]^ 



ARTICLE I. 

ELECTIVE FRANCHISE. 



Section 1. All elections shall be by ballot; and every white 
male citizen of the United States, of the age of twenty-one years, 
or upwards, who has been a resident of the State for one year, 
and of the Legislative District of Baltimore City, or of the county, 
in which he may offer to vote, for six months next preceding the 
election, shall be entitled to vote, in the ward or election district, 
in which he resides, at all elections hereafter to be held in this 
State ; and in case any county, or city, shall be so divided as to 
form portions of different electoral districts, for the election of 
Representatives in Congress, Senators, Delegates, or other Officers, 
then, to entitle a person to vote for such officer, he must have been 
a resident of that part of the county, or city, which shall form a 
part of the electoral district, in which he offers to vote, for six 
months next preceding the election ; but a person, who shall have 
acquired a residence in such county, or city, entitling him to vote 
at any such election, shall be entitled to vote in the election dis- 
trict from which he removed, until he shall have acquired a resi- 
dence in the part of the county, or city, to which he has removed. 

Sec. 2. No person above the age of tAventy-one years, convicted 
of larceny, or other infamous crime, unless pardoned by the Gov- 
ernor, shall ever thereafter be entitled to vote at any election in 
this State ; and no person under guardianship, as a lunatic, or, as 
a person non cojnpos mentis, shall be entitled to vote. 

Sec. 3. If any person shall give, or offer to give, directly or in- 
directly, any bribe, present, or reward, or any promise, or any 
security for the payment, or the delivery of money, or any other 
158 



CONSTITUTION OF MARYLAND. 159 

thing, to induce any voter to refrain from casting his vote, or to 
prevent him, in any way, from voting, or to procure a vote for any 
candidate, or person proposed, or voted for, as Elector of President 
and Vice-President of the United States, or Representative in Con- 
gress, or for any office of profit or trust, created l)y the Constitution 
or Laws of this State, or by the Ordinances, or Authority of the 
Mayor and City Council of Baltimore, the person giving, or offer- 
ing to give, and the person receiving the same, and any person, 
who gives, or causes to be given, an illegal vote, knowing it to be 
such, at any election to be hereafter held in this State, shall, on 
conviction in a Court of Law, in addition to the penalties now, or 
hereafter to be, imposed by Law, be forever disqualified to hold 
any office of profit or trust, or to vote at any election thereafter. 

Sec. 4. It shall be the duty of the General Assembly to pass 
Laws to punish, with fine and imprisonment, any person, who 
shall remove into any election district, or precinct of any ward of 
the City of Baltimore, not for the purpose of acquiring a bonajide 
residence therein, but for the purpose of voting at an approaching 
election, or, who shall vote in any election district, or ward, in 
which he does not reside, (except in the case provided for in this 
article,) or shall, at the same election, vote in more than one elec- 
tion district, or precinct, or shall vote, or offer to vote, in any name 
not his own, or in place of any other person of the same name, or 
shall vote in any county, in which he does not reside. 

Sec. 5. The General Assembly shall provide by Law for a uni- 
form Registration of the names of all the voters in this State, who 
possess the qualifications prescribed in this Article, which Regis- 
tration shall be conclusive evidence to the Judges of election of 
the right of every person, thus registered, to vote at any election 
thereafter held in this State ; but no person shall vote at any 
election, Federal or State, hereafter to be held in this State, or at 
any municipal election in the City of Baltimore, unless his name 
appears in the list of registered voters ; and until the General 
Assembly shall hereafter pass an Act for the Registration of the 
names of voters, the Law in force on the first day of June, in the 
year eighteen hundred and sixty-seven, in reference thereto, shall 
be continued in force, except so far as it may be inconsistent Mnth 
the provisions of this Constitution ; and the registry of voters, 



160 CONSTITUTION OF MARYLAND. 

made in pursuance thereof, may be corrected, as provided in said 
Law ; but the names of all pm-sons shall be added to the list of 
qualified voters by the officers of Registration, who have the 
qualifications prescribed in the first section of this Article, and 
vrho are not disqualified under the provisions of the second and 
third sections thereof. 

Sec. 6. Every person elected, or appointed, to any office of 
profit or trust, under this Constitution, or under the Laws, made 
pursuant thereto, shall, before he enters upon the duties of such 
offic.e, take and subscribe the following oath, or affirmation ; I, 
, do swear, (or affirm, as the case may be,) that I will sup- 
port the Constitution of the United States ; and that I will be 
faithful and bear true allegiance to the State of Maryland, and 
support the Constitution and Laws thereof 5 and that I will, to 
the best of ray skill and judgment, diligently and faithfully, with- 
out partiality or prejudice, execute the office of , according 

to the Constitution and Laws of this State, (and, if a Governor, 
Senator, Member of the House of Delegates, or Judge,) that I 
will not directly or indirectly, receive the profits or any part of 
the profits, of any other office during the term of my acting as 



Sec. 7. Every person, hereafter elected, or appointed, to office, 
in this State, who shall refuse, or neglect, to take the oath, or 
affirmation of office, provided for in the sixth section of this Arti- 
cle, shall be considered as having refused to accept the said office ; 
and a new election, or appointment, shall be made, as in case of 
refusal to accept, or resignation of an office ; and any person vio- 
lating said oath, shall, on conviction thereof, in a Court of Law, 
in addition to the penalties now, or hereafter, to be imposed by 
Law, be thereafter incapable of holding any office of profit or 
trust in this State. 



ARTICLE II. 

EXECUTIVE DEPARTMENT. 

Section 1. The Executive Power of the State shall be vested 
in a Governor, whose term of office shall commence on the second 



CONSTITUTION OF MARYLAND. 161 

Wednesday of January next ensuing his election, and continue 
for four years, and until his successor shall have qualified ; but 
the Governor chosen at the first election under this Constitu- 
tion, shall not enter upon the discharge of the duties of the office 
until the expiration of the term for which the present incumbent 
was elected 5 unless the said office shall become vacant by death, 
resignation, removal from the State, or other disqualification of 
the said incumbent. 

Sec. 2. An election for Governor, under this Constitution, shall 
be held on the Tuesday next after the first Monday of November, 
in the year eighteen hundred and sixty-seven, and on the same 
day and month in every fourth year thereafter, at the places of 
Voting for Delegates to the General Assembly 5 and every person 
qualified to vote for Delegates, shall be qualified and" entitled to 
vote for Governor 5 the election to be held in the same manner as 
the election of Delegates, and the returns thereof, under seal, to 
be addressed to the Speaker of the House of Delegates, and en- 
closed and transmitted to the Secretary of State, and delivered to 
said Speaker at the commencement of the session of the General 
Assembly, next ensuing said election. 

Sec. 3. The Speaker of the House of Delegates shall then 
open the said Returns, in the presence of both Houses ; and the 
person having the highest number of votes, and being consti- 
tutionally eligible, shall be the Governor, and shall qualify, in 
the manner herein prescribed, on the second Wednesday of Jan- 
uary next ensuing his election, or as soon thereafter as may be 
practicable. 

Sec. 4. If two or more persons shall have the highest and an 
equal number of votes for Governor, one of them shall be chosen 
Governor by the Senate and House of Delegates ; and all questions 
in relation to the eligibility of Governor, and to the returns of 
said election, and to the number and legality of votes therein 
given, shall be determined by the House of Delegates ; and if the 
person, or persons, having the highest number of votes be ineli- 
gible, the Governor shall be chosen by the Senate and House of 
Delegates. Every election of Governor by the General Assembly 
shall be determined by a joint majority of the Senate and House 
of Delegates ; and the vote shall be taken viva voce. But if two 
U 



162 CONSTITUTION OF MARYLAND. 

or more persons shall have the highest and an equal numljer of 
votes, then, a second vote shall be taken, which shall be confined 
to the persons having an equal number 5 and if the vote should 
again be equal, then the election of Governor shall be determined 
by lot between those, who shall have the highest and an equal 
numl)er on the first vote. 

Sec. 5. A person to be eligible to the office of Governor, must 
have attained the age of thirty years, and must have been for ten 
years a citizen of the State of Maryland, and for five years next 
preceding his election, a resident of the State, and, at the time of 
his election, a qualified voter therein. 

Sec. 6. In case of the death, or resignation of the Governor, or 
of his removal from the State, or other disqualification, the Gen- 
eral Assembly, if in session, or if not, at their next session, shall 
elect some other qualified person to be Governor for the residue 
of the term for which the said Governor had been elected. 

Sec. 7. In case of any vacancy in the office of Governor, during 
the recess of the Legislature, the President of the Senate shall 
discharge the duties of said office, until a Governor is elected, as 
herein provided for ; and in case of the death or resignation of 
the said President, or of his removal from the State, or of his re- 
fusal to serve, then the duties of said office shall, in like manner, 
and for the same interval, devolve upon the Speaker of the House 
of Delegates. And the Legislature may provide by Law, for the 
impeachment of the Governor ; and in case of his conviction, or 
his inability, may declare Avhat person shall perform the Execu- 
tive duties ; and for any vacancy in said office not herein provided 
for, provision may be made by Law, and if such vacancy should 
occur without such provision being made, the Legislature shall be 
convened by the Secretary of State for the purpose of filling said 
vacancy. 

Sec. 8. The Governor shall be the Commander-in-Chief of the 
land and naval forces of the State ; and may call out the Militia 
to repel invasions, suppress insurrections, and enforce the execu- 
tion of the Laws ; l)ut shall not take the command in person, 
without the consent of the Legislature. 

Sec. 9. He shall take care that the Laws are faithfully exe- 
cuted. 



CONSTITUTION OF 3IARYLAND. 163 

Sec. 10. He shall nominate, and, by and with the advice and 
consent of the Senate, appoint all civil and military officers of the 
State, whose appointment, or election, is not otherwise herein 
provided for ; unless a different mode of appointment be prescribed 
by the Law creating- the office. 

Sec. 11. In case of any vacancy, during the recess of the Sen- 
ate, in any office which the Governor has power to fill, he shall 
appoint some suitable person to said office, whose commission shall 
continue in force until the end of the next session of the Legisla- 
ture, or until some other person is appointed to the same office, 
whichever shall first occur ; and the nomination of the person 
thus appointed, during the recess, or, of some other person in his 
place, shall be made to the Senate within thirty days after the 
next meeting of the Legislature. 

Sec. 12. No person, after being rejected by the Senate, shall be 
again nominated for the same office lit the same session, unless at 
the request of the Senate •, or, be appointed to the same office 
during the recess of the Legislature. 

Sec. 13. All civil officers appointed by the Governor and Sen- 
ate, shall be nominated to the Senate within fifty days from the 
commencement of each regular session of the Legislature •, and 
their term of office, except in cases other Avise provided for in this 
Constitution, shall commence on the first Monday of May next 
ensuing their appointment, and continue for two years (unless 
removed from office) and until their successors, respectively, 
qualify according to Law ; but the term of office of the Inspectors 
of Tobacco shall commence on the first Monday of March next 
ensuing their appointment. 

Sec. 14. If a vacancy shall occur, 'during the session of the 
Senate, in any office which the Governor and Senate have the 
power to fill, the Governor shall nominate to the Senate before its 
final adjournment, a proper person to fill said vacancy, unless 
such vacancy occurs within ten days before said final adjourn- 
ment. 

Sec. 15. The Governor may suspend, or arrest any military 
officer of the State for disobedience of orders, or other military 
offence ; and may remove him in pursuance of the sentence of a 
Court Martial •, and may remove for incompetency, or misconduct, 



164 CONSTITUTION OF MARYLAND. 

all civil officers who received appointment from the Executive for 
a term of years. 

Sec. 16. The Governor shall convene the Legislature, or the 
Senate alone, on extraordinary occasions ; and whenever from the 
presence of an enemy, or from any other cause, the Seat of Gov- 
ernment shall become an unsafe place for the meeting of the Leg- 
islature, he may direct their sessions to be held at some other 
convenient place. 

Sec. 17. To guard against hasty or partial legislation, and en- 
croachments of the Legislative Department upon the co-ordinate 
Executive and Judicial Departments, every Bill which shall have 
passed the House of Delegates and the Senate, shall, before it 
becomes a Law, be presented to the Governor of the State ; if he 
approve, he shall sign it ; but if not, he shall return it, with his 
objections, to the House in which it originated, which House shall 
enter the objections at large on its Journal, and proceed to re-con- 
sider the Bill ; if, after such re-consideration, three-fifths of the 
members elected to that House shall pass the Bill, it shall be sent, 
with the objections, to the other House, by which it shall likewise 
be re-considered, and if passed by three-fifths of the members 
elected to that House, it shall become a Law. But, in all such 
cases, the votes of both Houses shall be determined by yeas and 
nays ; and the names of the persons voting for and against the 
Bill, shall be entered on the Journal of each House, respectively. 
If any Bill shall not be returned by the Governor wdthin six days, 
(Sundays excepted) after it shall have been presented to him, the 
same shall be a law in like manner as if he signed it ; unless the 
General Assembly shall, by adjournment, prevent its return, in 
which case it shall not be a Law. 

Sec. 18. It shall be the duty of the Governor, semi-annually 
(and oftener, if he deem it expedient) to examine under oath the 
Treasurer and Comptroller of the State on all matters pertaining 
to their respective offices ; and inspect and review their Bank and 
other Account Books. 

Sec. 19. He shall, from time to time, inform the Legislature of 
the condition of the State and recommend to their consideration 
such measures as he may judge necessary and expedient. 

Sec. 20. He shall have powder to grant reprieves and pardons, 



CONSTITUTION OF MARYLAND. 165 

except in cases of impeachment, and in cases in which he is pro- 
hibited by other Articles of this Constitution ; and to remit tines 
and forfeitures for offences a*^ainst the State ; but shall not remit 
the principal, or interestof any debt due the State, except, in cases 
of fines or forfeitures ; and before granting a nolle prosequi^ or 
pardon, he shall give notice in one or more newspapers, of the 
application made for it, and of the day on, or after which, his 
decision will be given ; and in every case, in which he exercises 
this power, he shall report to either Branch of the Legislature, 
whenever required, the petitions, recommendations, and reasons, 
which influenced his decision. 

Sec. 21. The Governor shall reside at the Seat of Government, 
and receive for his services an annual salary of Four Thousand 
Five Hundred dollars. 

Sec. 22. A Secretary of State shall be appointed by the Gov- 
ernor, by and with the advice and consent of the Senate, who 
shall continue in office, unless sooner removed by the Governor, 
till the end of Jhe official term of the Governor from whom he 
received his appointment, and receive an annual salary of Two 
Thousand dollars, and shall reside at the Seat of Government ; 
and the office of Private Secretary shall thenceforth cease. 

vSec. 23. The Secretary of State shall carefully keep and pre- 
serve a Record of all official acts and proceedings, which may at 
all times be inspected by a committee of either Branch of the 
Legislature ; and he shall perform such other duties as may be 
prescribed by Law, or as may properly belong to his office, to- 
gether with all clerical duty belonging to the Executive Depart- 
ment. 



ARTICLE III. 

LEGISLATIVE DEPARTMENT. 



Section L The Legislature shall consist of two distinct 
Branches ; a Senate, and a House of Delegates, and shall be 
styled the General Assembly of Maryland. 

Sec. 2. Each County in the State, and each of the three Legis- 



166 CONSTITUTION OF MARYLAND. 

lative Districts of Baltimore City, as they are now, or may here- 
after be defined, shall bo entitled to one Senator, who shall be 
elected by the qualified voters of the Counties, and of the Legis- 
lative Districts of Baltimore City, respectively, and shall serve 
for four years from the date of his election, subject to the classifi- 
cation of Senators, hereafter provided for. 

Sec. 3. Until the taking and publishing of the next National 
Census, or until the enumeration of the population of this State, 
under the Authority thereof, the several Counties, and the City 
of Baltimore, shall have representation in the House of Delegates, 
as follows : Allegany County, five Delegates ; Anne Arundel 
County, three Delegates ; Baltimore County, six Delegates ; each 
of the three Legislative Districts of the City of Baltimore, six 
Delegates ; Calvert County, two Delegates ; Caroline County, two 
Delegates ; Carroll County, four Delegates ; Cecil County, four 
Delegates ; Charles County, two Delegates ; Dorchester County, 
three Delegates; Frederick County, six Delegates 5 Harford 
County, four Delegates; Howard County, two Delegates; Kent 
County, two Delegates; Montgomery County, three Delegates; 
Prince George's County, three Delegates ; Queen Anne's County, 
two Delegates; Saint Mary's County, two Delegates; Somerset 
County, three Delegates ; Talbot County, two Delegates ; Wash- 
ington County, five Delegates; and Worcester County, three 
Delegates. 

Sec. 4. As soon as may be after the taking and publishing of 
the next National Census, or after the enumeration of the popula- 
tion of this State, under the Authority thereof, there shall be an 
apportionment of representation in the House of Delegates, to be 
made on the following basis, to wit : Each of the several Counties 
of the State, having a population of eighteen thousand souls, or 
less, shall be entitled to two Delegates ; and every County, having 
a population of over eighteen thousand, and less than twenty-eight 
thousand souls, shall be entitled to three Delegates ; and every 
County, having a population of twenty-eight thousand, and less 
than forty thousand souls, shall be entitled to four Delegates ; and 
every County, having a population of forty thousand, and less 
than fifty-five thousand souls, shall be entitled to five Delegates; 
and every County, having a population of fifty-five thousand souls, 



CONSTITUTION OF MARYLAND. 167 

and upwards, shall be entitled to six Delegates, and no more ; and 
each of the three Legislative Districts of the City of Baltimore 
shall be entitled to the number of Delegates to which the largest 
County shall, or may be entitled, under the aforegoing apportion- 
ment. And the General Assembly shall have power to provide 
by Law, from time to time, for altering and changing the bound- 
aries of the three existing Legislative Districts of the City of 
Baltimore, so as to make them, as near as may be, of equal 
population ; but said Districts shall always consist of contig- 
uous territory. 

Sec. 5. Immediately after the taking and publishing of the next 
National Census, or after any State enumeration of population, as 
aforesaid, it shall be the duty of the Governor, then being, to ar- 
range the Representation in said House of Delegates, in accord- 
ance with the apportionment herein provided for; and to declare, 
by Proclamation, the number of Delegates, to which each County, 
and the City of Baltimore may be entitled, under such "apportion- 
ment ; and after every National Census taken thereafter, or after 
any State enumeration of pojmlation, thereafter made, it shall be 
the duty of the Governor, for the time being, to make similar ad- 
justment of Representation, and to declare the same by Proc- 
lamation, as aforesaid. 

Sec. G. The members of the House of Delegates shall be elected 
by the qualified voters of the Counties, and the Legislative Dis- 
tricts of Baltimore City, respectively, to serve for two years, from 
the day of their election. 

Sec. 7. The first election for Senators and Delegates shall take 
place on the Tuesday next, after the first Monday in the month 
of November, eighteen hundred and sixty-seven ; and the election 
for Delegates, and as nearly as practicable, for one-half of the 
Senators, shall be held on the same day, in every second year 
thereafter. 

Sec. 8. Immediately after the Senate shall have convened, after 
the first election, un<ler this Constitution, the Senators shall be 
divided by lot, into two classes, as nearly equal in number as may 
be — Senators of the first class shall go out of office at the expira- 
tion of two years, and Senators shall be elected on the Tuesday 
next after the first Monday in the month of November, eighteen 



168 CONSTITUTION OF MARYLAND. 

hundred and sixty-nine, for the term of four years, to supply their 
places ; so that, after the first election, one-half of the Senators 
may be chosen every second year. In case the number of Senators 
be hereafter increased, such classification of the additional Senators 
shall be made as to preserve, as nearly as may be, an equal num- 
ber in each class. 

Sec. 9. No person shall [/>e] eligible as a Senator or Delegate, 
vrho at the time of his election, is not a citizen of the State of 
Maryland, and v^^ho has not resided therein, for at least three 
years, next preceding the day of his election, and the last year 
thereof, in the County, or in the Legislative District of Baltimore 
City, which he nuxy be chosen to represent, if such County, or 
Legislative District of said City, shall have been so long estab- 
lished ; and if not, then in the County, or City, from vrhich, in 
whole, or in ))art, the same may have been formed ; nor shall any 
person be eligible as a Senator, unless he shall have attained the 
age of twenty-five years, nor as a Delegate, unless he shall have 
attained the age of twenty-one years, at the time of his election. 

Sec. 10. No member of Congress, or person holding any civil, 
or military office under the United States, shall be eligible as a 
Senator, or Delegate ; and if any person shall after his election as 
Senator, or Delegate, be elected to Congress, or be appointed to 
any office, civil or military, under the Government of the United 
States, his acceptance thereof, shall vacate his seat. 

Sec. 11. No Minister or Preacher of the Gospel, or of any re- 
ligious creed, or denomination, and no person holding any civil 
office of profit or trust, under this State, except Justices of the 
Peace, shall be eligible as Senator, or Delegate. 

Sec. 12. No Collector, Receiver, or Holder of public money 
shall be eligible as Senator or Delegate, or to any office of profit, 
or trust, under this State, until he shall have accounted for, and 
paid into the Treasury all sums on the Books thereof charged to, 
and due l)y him. 

Sec. 13, In case of death, disqualification, resignation, refusal 
to act, expulsion, or removal from the county, or city, for which 
he shall have been elected, of any person, who shall have been 
chosen as a Delegate, or Senator, or in case of a tie between two 
or more su h qualified persons, a warrant of election shall be 



CONSTITUTION OF MARYLAND. 169 

issued by the Speaker of the House of Delegates, or President of 
the Senate, as the case may be, for the election of another person 
in his place, of which election, not less than ten days' notice shall 
be given, exclusive of the day of the publication of the notice, 
and of the day of election ; and, if during the recess of the Legis- 
lature, and more than ten days before its termination, such death 
shall occur, or such resignation, refusal to act, or disqualification 
be communicated, in w^riting to the Governor by the person, so 
resigning, refusing, or disqualified, it shall be the duty of the 
Governor to issue a warrant of election to supply the vacancy 
thus created, in the same manner, the said Speaker, or President 
might have done, during the session of the General Assembly ; 
provided, however, that unless a meeting of the General Assem- 
bly may intervene, the election, thus ordered to fill such vacancy, 
shall be held on the day of the ensuing election for Delegates and 
Senators. 

Sec. 14. The General Assembly shall meet on the first Wednes- 
day of January, eighteen hundred and sixty-eight, and on the 
same day in every second year thereafter, and at no other time, 
unless convened by Proclamation of the Governor. 

Sec. 15. The General Assembly may continue its Session so 
long as, in its judgment the public interest may require, for a 
period not longer than ninety days ; and each meml)er thereof, 
shall receive a compensation of five dollars per diem, for every 
day he shall attend the session ; but not for such days as he may 
be absent, unless absent on account of sickness, or by leave of 
the House of which he is a member •, and he shall also receive 
such mileage as may Ije allowed by Law, not exceeding twenty 
cents per mile ; and the Presiding officer of each House shall 
receive an additional compensation of three dollars per day. 
When the General Assembly shall be convened by Proclamation 
of the Governor, the session shall not continue longer than thirty 
days ; and in such case, the compensation shall be the same as 
herein prescribed. 

Sec. 16. No book, or other printed matter, not appertaining to 
the business of the session, shall be purchased, or subscribed for, 
for the use of the meml)ers of the General Assembly, or be dis- 
tributed among them, at the public expense. 



170 CONSTITUTION OF MARYLAND. 

Sec. 17. No Senator or Delegate, after qualifying as such, not- 
withstanding he may thereafter resign, shall during the whole 
period of time, for which he was elected, be eligible to any office, 
which shall have been created, or the sahiry, or profits of which 
shall have been increased, during such term. 

Sec. 18. No Senator or Delegate shall be liable in any civil 
action, or criminal prosecution, whatever, for words spoken in 
debate. 

Sec. 19. Each House shall be judge of the qualifications and 
elections of its members, as prescribed by the Constitution and 
Laws of the State ; shall appoint its own officers, determine the 
rules of its own proceedings, punish a member for disorderly or 
disrespectful behavior, and with the consent of two-thirds of its 
whole number of members elected, expel a member ; but no 
member shall be expelled a second time for the same oflPence. 

Sec. 20. A majority of the whole number of members elected 
to each House shall constitute a quorum for the transaction of 
business ; but a smaller number may adjourn from day to day, 
and compel the attendance of absent members, in such manner, 
and under such penalties, as each House may prescribe. 

Sec. 21. The doors of each House, and of the Committee of 
the Whole, shall be open, except when the business is such as 
ought to be kept secret. 

Sec. 22. Each House shall keep a journal of its proceedings, 
and cause the same to be published. The yeas and nays of mem- 
bers on any question, shall at the call of any five of them in the 
House of Delegates, or one in the Senate, be entered on the Jour- 
nal. 

Sec. 23. Each House may punish by imprisonment, during the 
session of the General Assembly, any person, not a member, for 
disrespectful, or disorderly behavior in its presence, or for ob- 
structing any of its proceedings, or any of its officers in the ex- 
ecution of their duties ; provided such imprisonment shall not, at 
any one time, exceed ten days. 

Sec. 24. The House of Delegates may inquire, on the oath of 
witnesses, into all complaints, grievances and offences, as the 
Grand Inquest of the State, and may commit any person, for any 
crime, to the public jail, there to remain, until discharged by due 



CONSTITUTION OF MARYLAND. 171 

course of Law. They may examine and pass all accounts of the 
State, relatino; either to the collection or expenditure of the rev- 
enue, and appoint Auditors to state and adjust the same. They 
may call for all public, or official papers and records, and send for 
persons, whom they may judge necessary, in the course of their 
inquiries, concerning affairs relating to the public interest, and 
may direct all office bonds which shall be made payable to the 
State, to be sued for any breach thereof; and with the view to the 
more certain prevention, or correction of the abuses in the ex- 
penditures of the money of the State, the General Assembly shall 
create, at every session thereof, a joint Standing Committee of the 
Senate and House of Delegates, who shall have power to send for 
persons, and examine them on oath, and call for Public, or 
Official Papers and Records, and whose duty it shall be to ex- 
amine and report upon all contracts made for printing stationery, 
and purchases for the Public offices, and the Library, and all ex- 
penditures therein, and upon all matters of alleged abuse in ex- 
penditures, to which their attention may be called by Resolution 
of either House of the General Assembly. 

Sec. 25. Neither House shall, without the consent of the other, 
adjourn for more than three days, at any one time, nor adjourn to 
any other place, than that in which the House shall be sitting, with- 
out the concurrent vote of two-thirds of the members present. 

Sec. 26. The House of Delegates shall have the sole power of 
impeachment in all cases ; but a majority of all the members 
elected must concur in the impeachment. All impeachments 
shall be tried by the Senate, and when sitting for that purpose, 
the Senators shall be on oath, or affirmation, to do justice accord- 
ing to the law and the evidence ; but no person shall l)e convicted 
without the concurrence of two-thirds of all the Senators elected. 

Sec. 27. Any bill may originate in either House of the General 
Assembly, and be altered, amended, or rejected by the other; but 
no bill shall originate in either House during the last ten days of 
the session, unless two-thirds of the members elected thereto shall 
so determine by yeas and nays ; nor shall any bill become a 
Law, until it be read on three different days of the session in 
each House, unless two-thirds of the members elected to the House, 
where such bill is pending, shall so determine by yeas and nays ; 



172 CONSTITUTION OF MARYLAND. 

and no bill shall be read a third time until it shall have been act- 
ually engrossed for a third reading. 

Sec. 28, No bill shall become a Law unless it be passed in each 
House by a majority of the whole number of members elected, 
and on its final passage, the yeas and nays be recorded ; nor shall 
any Resolution, requiring the action of both Houses, be passed 
except in the same manner. 

Sec. 29. The style of all Laws of this State shall be, "Be it 
enacted by the General Assembly of Maryland :" and all Laws 
shall be passed by original bill ; and every Law enacted by the 
General Assembly shall embrace but one subject, and that shall 
be described in its title ; and no Law, nor section of Law, shall 
be revived or amended by reference to its title, or section only •, 
nor shall any Law be construed by reason of its title, to grant 
powers, or confer rights which are not expressly contained in the 
body of the Act ; and it shall be the duty of the General Assem- 
bly, in amending any article, or section of the Code of Laws of 
this State, to enact the same, as the said article, or section would 
read when amended. And whenever the General Assembly shall 
enact any Public General Law, not amendatory of any section, or 
article in the said Code, it shall be the duty of the General As- 
sembly to enact the same, in articles and sections, in the same 
manner, as the Code is arranged, and to provide for the publica- 
tion of all additions and alterations, which may be made to the 
said Code. 

Sec. 30. Every bill, when passed by the General Assembly, and 
sealed with the Great Seal, shall be presented to the Governor, 
who, if he approves it, shall sign the same in the presence of the 
presiding officers and Chief Clerks of the Senate and House of 
Delegates. Every Law shall be recorded in the office of the Court 
of Appeals, and in due time, be printed, published and certified 
under the Great Seal, to the several Courts, in the same manner 
as has been heretofore usual in this State. 

Sec. 31. No Law passed by the General Assembly shall take 
efi'ect, until the first day of June, next after the Session, at which 
it may be passed, unless it be otherwise expressly declared 
therein. 

Sec. 32. No money shall be drawn from the Treasury of the 



CONSTITUTION OF MARYLAND. 173 

State, by any order or resolution, nor except in accordance with 
an appropriation by Law, and every such LaAV shall distinctly 
specify the sum appropriated, and the object, to which it shall be 
applied ; provided, that nothing herein contained shall prevent 
the General Assembly from placing a contingent fund at the dis- 
posal of the Executive, who shall report to the General Assembly, 
at each Session, the amount expended, and the purposes to which 
it was applied. An accurate statement of the receipts and ex- 
penditures of the public money, shall be attached to, and published 
with the Laws, after each regular Session of the General Assem- 

bly. 

Sec. 33. The General Assembly shall not pass local, or special 
Laws, in any of the following enumerated cases, viz. : For extend- 
ing the time for the collection of taxes ; granting divorces ; chang- 
ing the name of any person •, providing for the sale of real estate, 
belonging to minors, or other persons laboring under legal dis- 
abilities, by executors, administrators, guardians or trustees ; 
giving effect to informal, or invalid deeds or wills ; refunding 
money paid into the State Treasury, or releasing persons from 
their debts, or obligations to the State, unless recommended by 
the Governor, or officers of the Treasury Department. And the 
General Assembly shall pass no special Law, for any case, for 
which provision has been made, by an existing General Law. 
The General Assembly, at its first session after the adoption of 
this Constitution, shall pass General Laws, providing for the cases 
enumerated in this section, which are not already adequately pro- 
vided for, and for all other cases, where a General Law can be 
made applicable. 

Sec. 34. No debt shall be hereafter contracted by the General 
Assembly, unless such debt shall be authorized by a Law, pro- 
viding for the collection of an annual tax, or taxes, sufficient to 
pay the interest on such debt, as it falls due ; and also, to discharge 
the principal thereof, within fifteen years from the time of con- 
tracting the same ; and the taxes, laid for this purpose, shall not 
be repealed, or applied to any other object, until the said debt, 
and interest thereon, shall be fully discharged. The credit of the 
State shall not in any manner be given, or loaned to, or in aid of 
any individual, association, or corporation ; nor shall the General 



174 CONSTITUTION OF MARYLAND. 

Assembly have the power, in any mode, to involve the State in 
the construction of Works of Internal Improvement, nor in grant- 
ing any aid thereto, which shall involve the faith, or credit of the 
State; nor make any appropriation therefor, except in aid of the 
construction of Works of Internal Improvement, in the counties 
of Saint Mary's, Charles and Calvert, which have had no direct 
advantage, from such Works, as have been heretofore aided by 
the State ; and provided, that such aid, advances, or appropri- 
ations shall not exceed in the aggregate the sum of five hundred 
thousand dollars. And they shall not use, or appropriate the 
proceeds of the Internal Improvement Companies, or of the State 
tax, now levied, or which may hereafter be levied, to pay off the 
public debt to any other purpose until the interest and debt are 
fully paid, or the sinking fund shall be equal to the amount of 
the outstanding debt ; but the General Assembly may, without 
laying a tax, borrow an amount never to exceed fifty thousand 
dollars, to meet temporary deficiencies in the Treasury, and may 
contract debts to any amount that may be necessary for the de- 
fence of the State. 

Sec. 35. No extra compensation shall be granted, or allowed, by 
the General Assembly, to any Public Officer, Agent, Servant or 
Contractor, after the service shall have been rendered, or the con- 
tract entered into 5 nor shall the salary, or compensation of any 
public officer be increased, or diminished during his term of 
office. 

Sec. 36. No Lottery grant shall ever hereafter be authorized by 
the General Assembly. 

Sec. 37. The General Assembly shall pass no Law providing 
for payment, by this State, for Slaves emancipated from servitude 
in this State ; but they shall adopt such measures, as they may 
deem expedient, to obtain from the United States, compensation 
for such Slaves, and to receive, and distribute the same, equitably, 
to the persons entitled. 

Sec. 38. No person shall be imprisoned for debt. 

Sec. 39. The General Assembly shall grant no charter for 
Banking purposes, nor renew any Banking Corporation, now in 
existence, except iipon the condition that the Stockholders shall 
be liable to the amount of their respective Share, or Shares of 



CONSTITUTION OF MARYLAND, 175 

Stock in such Banking Institution, for all its debts and liabilities, 
upon note, bill, or otherwise •, the Books, papers, and accounts of 
all Banks shall be open to inspection, under such regulations as 
may be prescribed by Law. 

Sec. 40. The General Assembly shall enact no Law authorizing 
private property, to be taken for public use, without just compen- 
sation, as agreed upon between the parties, or awarded by a jury, 
being first paid, or tendered to the party, entitled to such com- 
pensation. 

Sec. 41. Any citizen of this State, who shall after the adoption 
of this Constitution, either in, or out of this State, fight a duel 
with deadly weapons, or send, or accept a challenge so to do, or 
who shall act as a second, or knowingly aid or assist in any man- 
ner, those offending, shall, ever thereafter, be incapable of hold- 
ing any office of profit or trust, under this State, unless relieved 
from the disability by an act of the Legislature. 

Sec. 42. The General Assembly shall pass Laws necessary for 
the preservation of the purity of Elections. 

Sec. 43. The property of the wife shall be protected from the 
debts of her husband. 

Sec'. 44. Laws shall be passed by the General Assembly, to 
protect from execution a reasonable ' amount of the property 
of the debtor, not exceeding in value, the sum of five hundred 
dollars. 

Sec. 45. The General Assembly shall provide a simple and uni- 
form system of charges in the offices of Clerks of Courts, and Reg- 
isters of Wills, in the Counties of this State, and the City of Balti- 
more, and for the collection thereof; provided, the amount of 
compensation to any of the said officers, in the various Counties, 
shall not exceed the sum of three thousand dollars a year, and in 
the City of Baltimore thirty-five hundred dollars a year, over and 
above office expenses, and compensation to assistants ; and pro- 
vided further, that such compensation, of Clerks, Registers, assist- 
ants and office expenses shall always be paid out of the fees, or 
receipts of the offices, respectively. 

Sec 46. The General Assembly shall have power to receive 
from the United States, any grant, or donation of land, money, or 
securities for any purpose designated by the United States, and 



176 CONSTITUTION OF MARYLAND. 

shall administer, or distribute the same according to the conditions 
of the said grant. 

Sec. 47. The General Assembly shall make provisions for all 
cases of contested elections of any of the officers, not herein pro- 
vided for. 

Sec. 48. Corporations may be formed under general Laws ; but 
shall not be created by special act, except for municipal purposes, 
and except in cases where no general Laws exist, providing for 
the creation of corporations of the same general character, as the 
corporation proposed to be created ; and any act of incorporation, 
passed in violation of this section shall be void. And as soon as 
practicable, after the adoption of this Constitution, it shall be the 
duty of the Governor, to appoint three persons learned in the Law, 
whose duty it shall be, to prepare drafts of general Laws, provid- 
ing for the creation of corporations, in such cases as may be proper, 
and for all other cases, where a general Law can be made •, and 
for revising and amending, so far as may be necessary, or expe- 
dient, the general Laws which may be in existence on the first day 
of June, eighteen hundred and sixty-seven, providing for the crea- 
tion of corporations, and foj- other purposes ; and such drafts of 
Laws shall by said commissioners, be submitted to the General 
Assembly, at its first meeting, for its action thereon ; and each of 
said commissioners shall receive a compensation of five hundred 
dollars for his services, as such commissioner. 

All Charters granted, or adopted, in pursuance of this section, 
and all Charters heretofore granted and created, subject to repeal 
or modification, may be altered, from time to time, or be repealed; 
provided, nothing herein contained shall be construed to extend 
to Banks, or the incorporation thereof. 

Sec. 49. The General Assembly shall have power to regulate 
by Law, not inconsistent with this Constitution, all matters which 
relate to the Judges of election, time, place and manner of holding 
elections in this State, and of making returns thereof. 

Sec. 50. It shall l)e the duty of the General Assembly, at its 
first session, held after the adoption of this Constitution, to pro- 
vide by Law for the punishment, by fine, or imprisonment in the 
Penitentiary, or both, in the discretion of the Court, of any per- 
son, who shall bribe, or attempt to bribe, any Executive, or Judi- 



CONSTITUTION OF MARYLAND. 177 

cial officer of the State of Maryland, or any member, or offi- 
cer of the General Assembly of the State of Maryland, or of 
any Municipal Corporation in the State of Maryland, or any 
Executive officer of such corporation, in order to influence him in 
the performance of any of his official duties ; and, also, to provide 
by Law for the punishment, by fine, or imprisonment in the Pen- 
itentiary, or both, in the discretion of the Court, of any of said 
officers, or members, who shall demand, or receive any bribe, fee, 
reward, or testimonial, for the performance of his official duties, 
or for neglecting, or failing to perform the same ; and, also, to 
provide by Law for compelling any person, so Ijribing, or attempt- 
ing to bribe, or so demanding, or receiving a bribe, fee, reward, 
or testimonial, to testify against any person, or persons, who may 
have committed any of said offences ; provided, that any person, 
so compelled to testify, shall be exempted from trial and punish- 
ment for the offence, of which he may have been guilty ; and any 
person, convicted of such offence, shall, as part of the punishment 
thereof, be forever disfranchised and disqualified from holding any 
office of trust, or profit, in this State. 

Sec. 5L The personal property of residents of this State, shall 
be subject to taxation in the county, or city, where the resident 
bond fide resides for the greater part of the year, for which the 
tax may, or shall be levied, and not elsewhere, except goods and 
chattels permanently located, which shall be taxed in the City, or 
County where they are so located. 

Sec. 52. The General Assembly shall appropriate no money out 
of the Treasury for payment of any private claim against the 
State exceeding three hundred dollars, unless said claim shall 
have 1)een presented to the Comptroller of the Treasury, together 
with the proofs upon which the same is founded, and reported 
upon by him. 

Sec. 53. No person shall be incompetent, as a witness, on ac- 
count of race or color, unless hereafter so declared l)y Act of the 
General Assembly. 

Sec. 54. No County of this State shall contract any debt, or 

obligation, in tlie construction of any Railroad, Canal, or ot])er 

AVork of Internal Improvement, nor give, or loan its credit to, or 

in aid of any association, or corporation, unless authorized by an 

12 



178 CONSTITUTION OF MARYLAND. 

Act of the General Assembly, which shall be pul)lished for two 
months before the next election for members of the House of 
Delegates in the newspapers published in such County, and shall 
also be approved by a majority of all the members elected to each 
House of the General Assembly at its next Session after said 
election. 

Sec, 55. The General Assembly shall pass no Law suspending 
the privilege of the AVrit of Habeas Corpus. 

Sec. 56. The General Assembly shall have power to pass all 
such Laws as may be necessary and proper for carrying into exe- 
cution the powers vested, by this Constitution, in any Department, 
or office of the Government, and the duties imposed upon them 
thereby. 

Sec. 57. The Legal Rate of Literest shall be six per cent, per 
annum; unless otherwise provided by the General Assembly. 

Sec. 58. The Legislature at its first session after the ratification 
of this Constitution shall provide by LaAV for State and municipal 
taxation upon the revenues accruing from business done in the 
State by all foreign corporations. 

Sec. 59. The office of " State Pension Commissioner '' is hereby 
abolished ; and the Legislature shall pass no law creating such 
office, or establishing any general pension system within this 
State. 



ARTICLE IV. 

JUDICIARY DEPARTMENT. 
Part I.— General Provisions. 

Section 1 . The Judicial power of this State shall be vested in 
a Court of Appeals,- Circuit Courts, Orphans* Courts, such Courts 
for the City of Baltimore as are hereinafter provided for, and 
Justices of the Peace ; all said Courts shall be Courts of Record, 
and each shall have a seal to l)e used in the authentication of all 
process issuing therefrom. The procc^ss and official character of 
Justices of the Peace shall be authenticated as hath heretofore 



CONSTITUTION OF MARYLAND. 179 

been practiced in this State, or may hereafter be prescribed by 
Law. 

Sec. 2. The Judges of all the said Courts shall be citizens of 
the State of Maryland, and qualified voters under this Constitu- 
tion, and shall have resided therein not less than five years, and 
.not less than six months next preceding their election, or appoint- 
ment, in the Judicial Circuit, as the case may be, for which they 
may be, respectively, elected, or appointed. They shall be not 
less than thirty years of age at the time of their election, or ap- 
pointment, and shall be selected from those Avho have been ad- 
mitted to practice Law in this State, and who are most distin- 
guished for integrity, wisdom and sound legal knowledge. 

Sec. 3. The Judges of the said several Courts shall be elected 
in the Counties by the qualified voters in their respective Judicial 
Circuits, as hereinafter provided, at the general election to be held 
on the Tuesday after the first Monday in November next, and in 
the City of Baltimore, on the fourth Wednesday of October next. 
Each of the said Judges sjiall hold his office for the term of fifteen 
years from the time of his election, and until his successor is 
elected and qualified, or until he shall have attained the age of 
seventy years, whichever may first happen, and be re-eligible 
thereto until he shall have attained the age of seventy years, and 
not after ; but in case of any Judge, who shall attain the age of 
seventy years whilst in office, such Judge may be continued in 
office by the General Assembly for such further time as they may 
think fit, not to exceed the term for which he was elected, by a 
Resolution to be passed at the session next preceding his attaining 
said age. In case of the inability of any of said Judges to discharge 
his duties with efficiency, by reason of continued sickness, or of 
physical or mental infirmity, it shall be in the power of the Gen- 
eral Assembly, two-thirds of the memliers of each House concur- 
ring, with the approval of the Governor, to retire said Judge from 
office. 

Sec. 4. Any Judge shall be removed from office by the Governor, 
on conviction in a Court of Law, of incompetency, of wilful neg- 
lect of duty., misbehavior in office, or any other crime, or on im- 
peachnlent, according to this Constitution, or the Laws of the 
State; or on the address of the General Assembly, two-thirds of 



180 CONSTITUTION OF MARYLAND. 

each House con(3urrinp; in such address, and the accused havins; 
been notified of the charges against him, and having had oppor- 
tunity of making his defence. 

Sec. 5. After the election for Judges, to be held as above men- 
tioned, upon the expiration of the term, or in case of the death, 
resignation, removal, or other disqualification of any Judge, the 
Governor shall appoint a person duly qualified to fill said office, 
vv^ho shall hold the same until the next general election for mem- 
bers of the General Assembly, M^hen a successor shall be elected, 
w^hose tenure of office shall be the same, as hereinl)efore provided ; 
but if the vacancy shall occur in the city of Baltimore, the time 
of election shall be the fourth Wednesday in October following. 

Sec. C. All Judges shall, by virtue of their offices, be Conser- 
vators of the Peace throughout the State ; and no fees, or per- 
quisites, commission, or reward of any kind, shall be allowed to 
any Judge in this State, besides his annual salary, for the dis- 
charge of any Judicial duty. 

Sec. 7. No Judge shall sit in any case wherein he may be inter- 
ested, or where either of the parties may be connected with him, 
by affinity or consanguinity, within such degrees as now are, or 
may hereafter be prescribed by Law, or where he shall have been 
of counsel in the case. 

Sec, 8. The parties to any cause may submit the same to the 
Court for determination, without the aid of a jury ; and the Judge, 
or Judges of any Court of this State, except the Court of Appeals, 
shall order and direct the Record of proceedings in any suit, or 
action, issue, or petition, presentment, or indictment, pending 
in such Court, to be transmitted to some other Court, (and of a 
different Circuit, if the party applying shall so elect,) having juris- 
diction in such cases, whenever any party to such cause, or the 
counsel^of any party, shall make a suggestion, in writing, sup- 
ported by the affidavit of such party, or his counsel, or other 
proper evidence, that the party cannot have a fair or impartial 
trial in the Court, in which such suit, or action, issue, or petition, 
xpresentment, or indictment is pending, or when the Judges of 
said Court shall be disqualified, under the provisions of this Con- 
stitution, to sit in any such suit, action, issue, or petition, present- 
ment, or indictment; and the General Assembly shall make such 



CONSTITUTION OF MARYLAND. 181 

modifications of existing Law as may be necessary to regulate and 
give force to this provision. 

Sec. 9. The Judge, or Judges of any Court, may appoint such 
officers for their respective Courts as may be found necessary ; and 
such officers of the Courts in the City of Baltimore shall be ap- 
pointed by the Judges of the Supreme Bench of Baltimore City. 
It shall be the duty of the General Assembly to prescribe, by 
Law, a fixed compensation for all such officers ; and said Judge, 
or Judges shall, from time to time, investigate the expenses, costs 
and charges of their respective courts, with a view to a change or 
reduction thereof, and report the result of such investigation to 
the General Assembly for its action. 

Sec. 10. The Clerks of the several Courts, created, or continued 
by this Constitution, shall have charge and custody of the records 
and other papers, shall perform all the duties, and be allowed the 
fees, which appertain to their several offices, as the same now are, 
or may hereafter be regulated by Law. And the office and busi- 
ness of said Clerks, in all their departments, shall be subject to 
the visitorial power of the Judges of their respective Courts, who 
shall exercise the same, from time to time, so as to insure the 
faithful performance of the duties of said offices ; and it shall be 
the duty of the Judges of said Courts respectively, to make, from 
time to time, such rules and regulations as may be necessary and 
proper for the government of said Clerks, and for the performance 
of the duties of their offices, which shall have the force of Law 
until repealed, or modified by the General Assembly. 

Sec. 11. The election for Judges, hereinljefore provided, and all 
elections for Clerks, Registers of Wills, and other officers, pro- 
vided in this Constitution, except State's Attorneys, shall be cer- 
tified, and the returns made, by the Clerks of the Circuit Courts 
of the Counties, and the Clerk of the Superior Court of Baltimore 
city, respectively, to the Governor, who shall issue commissions to 
the different persons for the offices to which they shall have been, 
respectively, elected ; and in all such elections, th& person having 
the greatest number of votes, shall be declared to be elected. 

Sec. 12. If in any case of election for Judges, Clerks of the 
Courts of Law, and Registers of AVills, the opposing candidates 
shall have an e(|ual number of votes, it shall be tlio duty of the 



182 CONSTITUTION OF MARYLAND. 

Governor "to order a new election; and in case of any contested 
election, the Governor shall send the returns to the House of 
Delegates, which shall judge of the election and qualification of 
the candidates at such election ; and if the judgment shall be 
against the one who has been returned elected, or the one who 
has been commissioned by the Governor, the House of Delegates 
shall order a new election within thirty days. 

Sec. 13. All Public Commissions and Grants shall run thus : 
" The State of Maryland, &c.," and shall be signed by the Gov- 
ernor, with the Seal of the State annexed ; all writs and process 
shall run in the same style, and be tested, sealed and signed, as 
heretofore, or as may hereafter be, provided by Law ; and all in- 
dictments shall conclude, '* against the peace, government and 
dignity of the State." 

Part II.— Court of Appeals. 

Sec. 14. The Court of Appeals shall be composed of the Chief 
Judges of the first seven of the several Judicial Circuits of the 
State, and a Judge from the City of Baltimore specially elected 
thereto, one of whom shall be designated by the Governor, by 
and with the advice and consent of the Senate, as the Chief 
Judge ; and in all cases until action by the Senate can be had, 
the Judge so designated by the Governor, shall act as Chief Judge. 
The Judge of the Court of Appeals from the City of Baltimore 
shall be elected by the qualified voters of said City, at the election 
of Judges to be held therein, as hereinbefore provided ; and in 
addition to his duties, as Judge of the Court of Appeals, shall 
perform such other duties as the General Assembly shall pre- 
scribe. The jurisdiction of said Court of Appeals shall be co- 
extensive with the limits of the State, and such as now is, or may 
hereafter be prescribed by Law. It shall hold its sessions in the 
city of Annapolis, on the first Monday in April, and the first 
Monday in October, of each and every year, or at such other 
times as the General Assembly may, by Law, direct. Its sessions 
shall continue not less than ten months in the year, if the busi- 
ness before it shall so require ; and it shall be competent for the 
Judges, temporarily, to transfer their sittings elsewhere, upon 
sufficient cause. 



CONSTITUTION OF MARYLAND. 183 

Sec. 15. Four of said Judges shall constitute a quorum 5 no 
cause shall be decided without the concurrence of at least three ; 
but the Judge who heard the cause below, shall not participate in 
the decision ; in every case an opinion, in writing, shall be filed 
within three months after the argument, or submission of the 
cause ; and the judgment of the Court shall be final and conclu- 
sive ; and all cases shall stand for hearing at the first term after 
the transmission of the Record. 

Sec. 16. Provision shall be made by Law for publishing Re- 
ports of all causes, argued and determined in the Court of Appeals, 
which the Judges shall designate as proper for publication. 

Sec. 17. There shall be a Clerk of tl>e Court of Appeals, who 
shall be elected by the legal and qualified voters of the State, who 
shall hold his office for six years, and until his successor is duly 
qualified ; he shall be subject to removal by the said Court for 
incompetency, neglect of duty, misdemeanor in office, or such 
other cause, or causes, as may be prescribed by Law ; and in case 
of a vacancy in the office of said Clerk, the Court of Appeals 
shall appoint a Clerk of said Court, who shall hold his office until 
the election and qualification of his successor, Avho shall be elected 
at the next general election for members of the General Assem- 
bly ; and the person, so elected, shall hold his office for the term 
of six years from the time of election. 

Sec. 18. It shall be the duty of the Judges of the Court of 
Appeals, as soon after their election, under this Constitution, as 
practicable, to make and publish rules and regulations for the 
prosecution of appeals to said appellate Court, whereby they shall 
prescribe the periods within which appeals may be taken, what 
part or parts of the proceedings in the Court below shall consti- 
tute the record on appeal, and the manner in which such appeals 
shall be brought to hearing or determination, and shall regulate, 
generally, the practice of said Court of Appeals, so as to prevent 
delays, and promote brevity in all records and proceedings brought 
into said Court, and to abolish and avoid all unnecessary costs and 
expenses in the prosecution of appeals therein ; and the said Judges 
shall make such reductions in the fees and expenses of the said 
Court, as they may deem advisable. It shall also bo the duty of 
said Judges of the Court of Appeals, as soon after their election 



184 CONSTITUTION OF MARYLAND. 

as practicable, to devise, and proiniilgatt' )>y rules, or orders, forms 
and modes of fraininij; and tilin<i; bills, answers, and other proceed- 
ings and pleadings in Equity ; and also forms and modes of taking 
and obtaining evidence, to be used in Equity cases ; and to revise 
and regulate, generally, the practice in the Courts of Equity of 
this State, so as to prevent delays, and to promote brevity and 
conciseness in all pleadings and proceedings therein, and to abol- 
ish all unnecessary costs and expenses attending the same. And 
all rules and regulations hereby directed to be made, shall, when 
made, have the force of Law^, until rescinded, changed, or modi- 
fied by the said Judges, or the General Assembly. 

Part III.— Circuit Courts. 

Sec. 19. The State shall be divided into eight Judicial Circuits, 
in manner folloM^ing, viz. : the Counties of Worcester, Somerset 
and Dorchester, shall constitute the First Circuit ; the Counties of 
Caroline, Talbot, Queen Anne's, Kent and Cecil, the Second ; the 
Counties of Baltimore and Harford, the Third ; the Counties of 
Allegany and Washington, the Fourth ; the Counties of Carroll, 
Howard and Anne Arundel, the Fifth •, the Counties of Montgom- 
ery and Frederick, the Sixth; the Counties of Prince George's, 
Charles, Calvert and St. Mary's, the Seventh ; and Baltimore City, 
the Eighth. 

Sec. 20. A Court shall be held in each County of the State, to 
be styled the Circuit Court for the County, in which it may be 
held. The said Circuit Courts shall have and exercise, in the re- 
spective Counties, all the power, authority and jurisdiction, original 
and appellate, which the present Circuit Courts of this State now 
have and exercise, or which may hereafter be prescribed by Law. 

Sec. 21. For each of the said Circuits (excepting the Eighth,) 
there shall be a Chief Judge, and two Associate Judges, to be 
styled Judges of the Circuit Court, to be elected or appointed, as 
herein provided. And no two of said Associate Judges shall, at 
the time of their election, or appointment, or during the term, for 
which they may have been elected, or appointed, reside in the 
same County. If two or more persons shall be candidates for 
Associate Judge, in the same County, that one only in said " 
County shall be declared elected, who has the highest number of 



CONSTITUTION OF MARYLAND. 185 

votes ill the Circuit. In case any two candidates for Associate 
jLidu;^, residing in the sanu> County, shall have an equal number of 
votes, greater than any other candidate for Associate Judge, in 
'the Circuit, it shall be the duty of the Governor to order a new 
election for one Associate Judge ; but the person, residing in any 
other County of the Circuit, and who has the next highest number 
of votes shall be declared elected. The said Judges shall hold not 
less than two Terms of the Circuit Court in each of the Counties, 
composing their respective Circuits, at such times as are now, or 
may hereafter be prescribed, to which Jurors shall be summoned ; 
and in those Counties, where only two such Terms are held, two 
other and intermediate Terms, to which Jurors shall not be sum- 
moned ; they may alter or fix the times for holding any, or all 
Terms until otherwise prescribed, and shall adopt Rules to the 
end that all business not requiring the interposition of a Jury 
shall be, as far as practicable, disposed of at said intermediate 
Terms. One Judge, in each of the above Circuits, shall constitute 
a quorum for the transaction of any business ; and the said 
Judges, or any of them, mriy hold Special Terms of their Courts, 
whenever, in their discretion, the business of the several Counties 
renders such Terms necessary. 

Sec. 22. Where any Term is held, or trial conducted by less 
than the whole number of said Circuit Judges, upon the decision, 
or determination of any point, or question, by the Court, it shall 
be competent to the party, against Avhom the ruling or decision is 
made, upon motion, to have the point, or question reserved for 
the consideration of the three Judges of the (Circuit, w^ho shall 
constitute a Court in banc for such purpose ; and the motion for 
such reservation shall be entered of record, during the sitting, at 
which such decision may be made ; and the several Circuit Courts 
shall regulate^ by rules, the mode and. manner of presenting such 
points, or questions to the Court in banc., and the decision of the 
said Court in banc shall be the effective decision in the premises, 
and conclusive, as against the party, at whose motion said points, 
or questions were reserved ; but such decision in banc shall not 
preclude the right of Appeal, or writ of error to the adverse party, 
in those cases, civil or criminal, in which appeal, or writ of error 
to the Court of Appeals may be allowed by Law. The right 



186 CONSTITUTION OF 3IABYLAND. 

of having questions reserved shall not, however, apply to trials 
of Appeals from judgments of Justices of the Peace, nor to 
criminal cases below the grade of felony, except when the punish- 
ment is confinement in the Penitentiary ; and this Section shall 
be subject to such provisions as may hereafter be made by Law, 

Sec. 23. The Judges of the respective Circuit Courts of this 
State, and of the Courts of Baltimore City, shall render their de- 
cisions, in all cases argued before them, or submitted for their 
judgment, within two months after the same shall have been so 
argued or submitted. 

Sec. 24. The salary of each Chief Judge, and of the Judge of 
the Court of Appeals from the City of Baltimore shall be three 
thousand five hundred dollars, and of each Associate Judge of 
the Circuit Court, shall be two thousand eight hundred dollars 
per annum, payable quarterly, and shall not be diminishsd during 
his continuance in office. 

Sec. 25. There shall be a Clerk of the Circuit Court for each 
County, who shall be elected by a plurality of the qualified voters 
of said County, and shall hold his oflice for six years from the 
time of his election, and until his successor is elected and qualified, 
and be re-eligible, subject to be removed for wilful neglect of duty, 
or other misdemeanor in office, on conviction in a Court of Law. 
In case of a vacancy in the office of Clerk of a Circuit Court, the 
Judges of said Court shall have power to fill such vacancy until 
the general election for Delegates to the General Assembly, to be 
held next thereafter, when a successor shall be elected for the 
term of six years. 

Sec. 26. The said Clerks shall appoint, subject to the confirma- 
tion of the Judges of their respective Courts, as many deputies 
under them, as the said Judges shall deem necessary, to perform, 
together wnth themselves, the duties of the said office, who shall 
be removable by the said Judges for incompetency, or neglect of 
duty, and whose compensation shall be according to existing, or 
future provisions of the General Assembly. 

Part IV.— Courts of Baltimore City. 

Sec. 27. There shall be in the Eighth Judical Circuit, six 
Courts, to be styled the Supreme Bench of Baltimore City, the 



CONSTITUTION OF MARYLAND. 187 

Superior Court of JJaltiuiore City, the Court of Common Pleas, 
the Baltimore City Court, the Circuit Court of Baltimore City, 
and the Criminal Court of Baltimore. 

Sec. 28. The Superior Court of Baltimore City, the Court of 
Common Pleas, and the Baltimore City Court shall, each, have 
concurrent jurisdiction in all civil common Law cases, and con- 
currently, all the jurisdiction which the Superior Court of Bal- 
timore City and the Court of Common Pleas now have, except 
jurisdiction in Equity, and except in applications for the benefit 
of the Insolvent Laws of Maryland, and in cases of Appeal from 
judgments of Justices of the Peace in said City, whether civil or 
criminal, or arising under the ordinances of the Mayor and City 
Council of Baltimore, of all of which appeal cases the Baltimore 
City Court shall have exclusive jurisdiction ; and the said Court of 
Common Pleas shall have exclusive jurisdiction in all applica- 
tions for the benefit of the Insolvent Laws of Maryland, and the 
supervision and control of the Trustees thereof. 

Sec. 29. The Circuit Court of Baltimore City shall have ex- 
clusive jurisdiction in Equity within the limits of said city, and 
all such jurisdiction as the present Circuit Court of Baltimore 
City has ; provided, the said Court shall not have jurisdiction in 
applications for the writ of habeas corpvs in cases of persons 
charged with criminal offences. 

Sec. 30. The Criminal Court of Baltimore shall have and ex- 
ercise all the jurisdiction, now held and exercised by the Crimi- 
nal Court of Baltimore, except in such Appeal Cases as are here- 
in assigned to the Baltimore City Court. 

Sec. 31. There shall be elected by the legal and qualified voters 
of said City, at the election, hereinbefore provided for one Chief 
Judge, and four Associate Judges, w4io, together, shall con- 
stitute the Supreme Bench of Baltimore City, and shall hold their 
offices for the term of fifteen years, subject to the provisions of 
this Constitution with regard to the election and qualifications of 
Judges, and their removal from office, and shall exercise the juris- 
diction hereinafter specified, and shall each receive an annual sal- 
ary of three thousand five hundred dollars, payable quarterly, 
which shall not ho, diminislied during their term of office •, but 
authority is hereljy given to the Mayor and City Council of Balti- 



188 CONSTITUTION OF MARYLAND. 

more to pay to each of the said Judges an annual addition of five 
hundred dollars to their respective salaries ; provided, that the 
same, being once granted, shall not be diminished, nor increased, 
during the continuance of said Judges in office. 

Sec. 32. It shall be the duty of the said Supreme Bench of 
Baltimore City, as soon as the Judges thereof shall be elected and 
duly qualified, and from time to time, to provide for the holding 
of each of the aforesaid Courts, by the assignment of one, or 
more of their number to each of the said Courts, w^ho may sit 
either, separately, or together, in the trial of cases 5 and the said 
Supreme Bench of Baltimore City may, from time to time, change 
the said assignment, as circumstances may require, and the public 
interest may demand 5 and the Judge, or Judges, so assigned to 
the said several Courts, shall, when holding the same, have all 
the powers and exercise all the jurisdiction, which may belong to 
the Court so being held ; and it shall also be the duty of the said 
Supreme Bench of Baltimore City, in case of the sickness, ab- 
sence, or disability of any Judge or Judges, assigned as aforesaid, 
to provide for the hearing of the cases, or transaction of the busi- 
ness assigned to said Judge, or Judges, as aforesaid, before some 
one, or more of the Judges of said Court. 

Sec. 33. The said Supreme Bench of Baltimore City shall have 
power, and it shall be its duty, to provide for the holding of as 
many general Terms as the performance of its duties may require, 
such general Terms to be held by not less than three Judges ; to 
make all needful rules and regulations for the conduct of business 
in each of_the said Courts, during the session thereof, and in va- 
cation, or in Chambers, before any of said Judges ; and shall also 
have jurisdiction to hear and determine all motions for a new trial 
in cases tried in any of said Courts, where such motions arise, 
either on questions of fact, or for misdirection upon any matters 
of Law, and all motions in arrest of judgment, or upon any mat- 
ters of Law determined by the said Judge, or Judges, while hold- 
ing said several Courts ; and the said Supreme Bench of Balti- 
more City shall make all needful rules and regulations for the 
hearing before it of all of said matters ; and the same right of 
appeal to the Court of Appeals shall be allowed from the deter- 
mination of the said Court on such matters, as would have been 



CONSTITUTION OF MARYLAND. 189 

the right of the parties if said matters had been decided by the 
Court in which said cases were tried. 

Sec. 34. No appeal shall lie to the Supreme Bench of Baltimore 
City from the decision of the Judge, or Judges, holding the. Bal- 
timore City Court, in case of appeal from a Justice of the Peace •, 
but the decision by said Judge, or Judges, shall be final ; and all 
writs and other process issued out of either of said Courts, requir- 
ing attestation, shall be attested in the name of the Chief Judge 
of the said Supreme Bench of Baltimore City. 

Sec. 35. Three of the Judges of said Supreme Bench of Balti- 
more City, shall constitute a quorum of said Court. 

Sec. 36. All causes depending, at the adoption of this Consti- 
tution, in the Superior Court of Baltimore City, the Court of 
Common Pleas, the Criminal Court of Baltimore, and the Circuit 
Court of Baltimore City shall be proceeded in, and prosecuted to 
final judgment, or decree, in the Courts, respectively, of the same 
name established by this Constitution, except cases belonging to 
that class, jurisdiction over which is by this Constitution trans- 
ferred to the Baltimore City Court, all of which shall, together 
with all cases now pending in the City Court of Baltimore, be 
proceeded in, and prosecuted to final judgment in said Baltimore 
City Court. 

Sec. 37. There shall be a Clerk of each of the said Courts of 
Baltimore City, except the Supreme Bench, who shall be elected 
by the legal and qualified voters of said City, at the election to be 
held in said city on the Tuesday next after the First Monday of 
November, in the year eighteen hundred and sixty-seven, and 
shall hold his office for six years from the time of his election, 
and until his successor is elected and qualified, and be re-eligible 
thereto, subject to be removed for wilful neglect of duty, or other 
misdemeanor in office, on conviction in a Court of Law. The 
salary of each of the said Clerks shall be thirty-five hundred 
dollars a year, payable only out of the fees and receipts collected 
by the Clerks of said City, and they shall be entitled to no other 
perquisites, or compensation. In case of a vacancy in the office 
of Clerk of any of said (^ourts, the Judges of said Supreme 
Bench of Baltimore City shall Iiavc power to fill such vacancy 
until the general election of D(^gates to the General Assembly, 



190 CONSTITUTION OF MARYLAND. 

to be held next thereafter, when a Clerk of said Court shall be 
elected to serve for six years thereafter ; and the provisions of 
this Article in relation to the appointment of Deputies by the 
Clerks of the Circuit Courts in the Counties shall apply to the 
Clerks of the Courts in Baltimore City. 

Sec. 38. The Clerk of the Court of Common Pleas shall have 
authority to issue within said City, all marriage and other licenses 
required by Law, subject to such provisions as are now, or may 
be prescribed by Law. The Clerk of the Superior Court of said 
City shall receive and record all Deeds, Conveyances, and other 
papers, which are, or may be required by Law, to be recorded in 
said City. He shall also have custody of all papers connected 
with the proceedings on the Law, or Equity side of Baltimore 
County Court, and of the Dockets thereof, so far as the same have 
relation to the City of Baltimore, and shall also discharge the 
duties of Clerk to the Supreme Bench of Baltimore City, unless 
otherwise provided by Law. 

Sec. 39. The General Assembly shall, whenever it may think 
the same proper and expedient, provide, by Law, another Court 
for the City of Baltimore, and prescribe its jurisdiction and 
powers; in Avhich case there shall be elected by the voters of said 
City, qualified under this Constitution, another Judge of the Su- 
preme Bench of Baltimore City, who shall be subject to the same 
constitutional provisions, hold his office for the same term of 
years, receive the same compensation, and have the same powers, 
as are herein provided fm* the Judges of said Supreme Bench of 
Baltimore City ; and all of the provisions of this Constitution re- 
lating to the assignment of Judges to the Courts, now existing in 
said City, and for the dispatch of business therein, shall apply to 
the Court, for whose creation provision is made by this Section. 
And the General Assembly may reapportion, change, or enlarge 
the jurisdiction of the several Courts in Baltimore City. Until 
otherwise provided by Law, the Clerk of the Superior Court of 
Baltimore City, of the Court of Common Pleas, of the Circuit 
Court of Baltimore City, of the Baltimore City Court, and of the 
Criminal Court of Baltimore, shall each give Bond in such pen- 
alty as is now prescribed, by Law, to be given by the Clerks of 



CONSTITUTION OF MARYLAND. 191 

the Courts, bearing the same names, under the present Consti- 
tution. 

Part V.— Orphans' Courts. 

Sec. 40. The qualified voters of the City of Baltimore, and of 
the several Counties, shall on the Tuesday next after the first 
Monday in November next, and on the same day in every fourth 
year thereafter, elect three men to be Judges of the Orphans' 
Courts of said City and Counties, respectively, who shall be citi- 
zens of the State, and residents for the twelve months preceding, 
in the City, or County, for which they may be elected. They 
shall have all the powers now vested in the Orphai^' Courts of 
the State, subject to such changes as the Legislature may pre- 
scribe. Each of said Judges shall be paid a per diem for the 
time they are actually in session, to be regulated by Law, and to 
be paid by the said City, or Counties respectively. In case of a 
vacancy in the office of Judge of the Orphans' Court, the Gov- 
ernor shall appoint, subject to confirmation, or rejection by the 
Senate, some suitable person to fill the same for the residue of the 
terra. 

Sec. 4L There shall be a Register of Wills in each County of 
the State, and the City of Baltimore, to be elected by the legal 
and qualified voters of said Counties and City, respectively, who 
shall hold his office for six years from the time of his election, 
and until his successor is elected and qualified ; he shall be re- 
eligible, and subject at* all times to removal for Avilful neglect of 
duty, or misdemeanor in office in the same manner that the Clerks 
of the Courts are removable. In the event of any vacancy in the 
office of Register of Wills, said vacancy shall V)e filled by the 
Judges of the Orphans' Court, in which such vacancy occurs, 
until the next general election for Delegates to the General As- 
sembly, when a Register shall be elected to serve for six years 
thereafter. 

Part VI.— Justices of the Peace. 

Sec. 42. The Governor, by and Avith the advice and consent of 

the Senate, shall appoint such number of Justices of the Peace, 

and the County Commissioners of the several Counties, and the 

Mayor and City Council of Baltimore, respectively, shall appoint 



192 CONSTITUTION OF MARYLAND. 

such number of Constables, for the several Election Districts of 
the Counties, and Wards of the City of Baltimore, as are now, or 
may hereafter be prescribed by Law ; and Justices of the Peace 
and Constables, so appointed, shall be subject to removal by the 
Judge, or Judges, having criminal jurisdiction in the county, or 
city, for incompetency, wilful neglect of duty, or misdemeanor in 
office, on conviction in a Court of Law. The Justices of the 
Peace and Constables, so appointed, and commissioned, shall be 
Conservators of the Peace, shall hold their office for two years, 
and shall have such jurisdiction, duties and compensation, subject 
to such right of appeal, in all cases, from the judgment of Justices 
of the Peace, as hath been heretofore exercised, or shall be here- 
after prescribed by Law. 

Sec. 43. In the event of a vacancy in the office of a Justice of 
the Peace, the Governor shall appoint a person to serve, as Justice 
of the Peace, for the residue of the term ; and in case of a vacancy 
in the office of Constable, the County Commissioners of the county 
in which the vacancy occurs, or the Mayor and City Council of 
Baltimore, as the case may be, shall appoint a person to serve as 
Constable for the residue of the term. 

Part VII.— Sheriffs. 

Sec. 44. There shall be elected in each county, and in the City 
of Baltimore, in every second year, one person, resident in said 
county or city, above the age of twenty»five years, and at least 
five years preceding his election, a citizen of this State, to the 
office of Sheriff. He shall hold his office for two years, and until 
his successor is duly elected and qualified ; shall be ineligible for 
two years thereafter, shall give such bond, exercise such powers, 
and perform such duties as now are, or may hereafter be fixed by 
Law. In case of a vacancy by death, resignation, refusal to serve, 
or neglect to qualify, or give bond, or by disqualification, or re- 
moval from the county, or city, the Governor shall appoint a per- 
son to be Sheriff for the remainder of the official term. 

Sec. 45. Coroners, Elisors, and Notaries Public may be ap- 
pointed for each county, and the city of Baltimore, in the manner, 
for the purpose, and with the powers now fixed, or which may 
hereafter be prescribed by Law. 



CONSTITUTION OF MARYLAND. 193 

ARTICLE V. 

ATTORNEY-GENERAL AND STATE'S ATTORNEYS. 

Attorney-General. 

Section 1. There shall l)e an Attorney-General elected by the 
qualified voters of the State, on general ticket, on the Tuesday 
next after the first Monday in the month of November, Eighteen 
hundred and sixty-seven, and on the same day, in every fourth 
year thereafter, who shall hold his office for four years from the 
time of his election and qualification, and until his successor is 
elected and qualified, and shall be re-eligible thereto, and shall be 
subject to removal for incompetency, wilful neglect of duty, or 
misdemeanor in office, on convietion in a Court of Law. 

Sec. 2. All elections for Attorney-General shall be certified to, 
and returns made thereof by the Clerks of the Circuit Courts of 
the several counties, and the Clerk of the Superior Court of Bal- 
timore City, to the Governor of the State, whose duty it shall be 
to decide on the election and qualification of the person returned ; 
and in case of a tie between two or more persons, to designate 
which of said persons shall qualify as Attorney-General, and to 
administer the oath of office to the person elected. 

Sec. 3. It shall be the duty of the Attorney-General to prose- 
cute and defend on the part of the State, all cases, which at the 
time of his appointment and qualification, and which thereafter 
may be depending in the Court of Appeals, or in the Supreme 
Court of the United States, by or against the State, or wherein 
the State may be interested ; and he shall give his opinion in 
writing whenever required by the General Assembly, or either 
Branch thereof, the Governor, the Comptroller, the Treasurer, or 
any State's Attorney, on any legal matter, or subject depending 
before them, or either of them ; and when required by the Gov- 
ernor, or the GeneralAssembly, he shall aid any State's Attorney 
in prosecuting any suit or action brought by the State in any 
Court of this State; and he shall commence and prosecute, or 
defend, any suit or action in any of said Courts, on the part of 
the State, which the General Assembly, or the Governor, acting 
according to Law, shall direct to be commenced, prosecuted or 
13 



194 CONSTITUTION OF MARYLAND. 

defended ; and he shall receive for his services an annual salary 
of Three Thousand dollars ; but he shall not be entitled to receive 
any fees, perquisites, or rewards, whatever, in addition to the sal- 
ary aforesaid, for the performance of any official duty ; nor have 
power to appoint any agent, representative, or deputy, under any 
circumstances, whatever ; nor shall the Governor employ any ad- 
ditional counsel in any case, whatever, unless authorized by the 
General Assembly. 

Sec. 4. No person shall be eligible to the office of Attorney- 
General, who is not a citizen of this State, and a qualified voter 
therein, and has not resided and practiced Law in this State for 
at least ten years. 

Sec. 5. In case of vacancy in the office of Attorney-General, 
occasioned by death, resignation, removal from the State, or from 
office, or other disqualification, the said vacancy shall be filled by 
the Governor, for the residue of the term thus made vacant. 

Sec. 6. It shall be the duty of the Clerk of the Court of Ap-' 
peals and of the Commissioner of the Land Office, respectively, 
whenever a case shall be brought into said Court, or office, in 
which the State is a party, or has interest, immediately to notify 
the Attorney-General thereof. 

The State's Attorneys. 

Sec. 7. There shall be an Attorney for the State in each county, 
and the city of Baltimore, to be styled "The State's Attorney," 
who shall be elected by the voters thereof, respectively, on the 
Tuesday next after the first Monday in November in the year 
eighteen hundred and sixty-seven, and on the same day every 
fourth year thereafter ; and shall hold his office for four years 
from the first Monday in January next ensuing his election, and 
until his successor shall be elected and qualified ; and shall be re- 
eligible thereto, and be subject to removal therefrom, for incom- 
petency, wilful neglect of duty, or misdemeanor in office, on con- 
viction in a Court of Law, or by a vote of two-thirds of the Senate, 
on the recommendation of the Attorney-General. 

Sec. 8. All elections for the State's Attorney shall be certified 
to, and Returns made thereof, by the Clerks of the said counties 
and city, to the Judges thereof, having criminal jurisdiction, re- 



CONSTITUTION OF MARYLAND. 195 

spectively, whose duty it shall be to decide upon the elections and 
qualifications of the Persons returned ; and, in case of a tie be- 
tween two or more Persons, to designate which of said Persons 
shall qualify as State's Attorney, and to administer the oaths of 
office to the Person elected. 

Sec. 9. The State's Attorney shall perform such duties and re- 
ceive such fees and commissions as are now, or may hereafter be, 
prescribed by law, and if any State's Attorney shall receive any 
other fee or reward, than such as is, or may be allowed by Law, 
he shall, on conviction thereof, be removed from office ; provided^ 
that the State's Attorney for Baltimore City shall have power to 
appoint one Deputy, at a salary of not more than Fifteen Hundred 
dollars per annum, to be paid by the State's Attorney out of the 
fees of his office, as has heretofore been practiced. 

Sec. 10. No person shall be eligible to the office of State's At- 
torney, who has not been admitted to practice Law in this State, 
and who has not resided, for at least two years, in the county, or 
city, in which he may be elected. 

Sec. 11. In case of vacancy in the office of State's Attorney, or, 
of his removal from the county, or city, in which he shall have 
been elected, or, on his conviction, as herein specified, the said 
vacancy shall be filled by the Judge of the county, or city, re- 
spectively, having criminal jurisdiction, in which said vacancy 
shall occur, for the residue of the term thus made vacant. 

Sec. 12. The State's Attorney, in each county, and the city of 
Baltimore, shall have authority to collect, and give receipt, in the 
name of the State, for such sums of money as may be collected 
by him, and forthwith make return of, and pay over the same, to 
the proper accounting officer. And the State's Attorney of each 
county, and the city of Baltimore, before he shall enter on the 
discharge of his duties, shall execute a Bond to the State of Mary- 
land, for the faithful performance of his duties, in the penalty of 
ten thousand dollars, with two or more sureties, to be approved 
by the Judge of the Courts having criminal jurisdiction, in said 
counties or city. 



196 CONSTITUTION OF MARYLAND. 

ARTICLE VI. 

TREASURY DEPARTMENT. 

Section 1. There shall be a Treasury Department, consistinii; 
of a Comptroller, chosen by the qualified electors of the State, jit 
each regular election of members of the House of Delegates, who 
shall receive an annual salary of Two Thousand Five Hundred 
dollars ; and a Treasurer to be appointed by the two Houses of 
the Legislature, at each regular session thereof, on joint ballot, 
who shall receive an annual salary of Two Thousand Five Hun- 
dred dollars ; and the terms of office of the said Comptroller and 
Treasurer shall be for two years, and until their successors shall 
qualify ; and neither of the said officers shall be allowed, or re- 
ceive any fees, commissions or perquisites of any kind, in addition 
to his salary, for the performance of any duty or services whatso- 
ever. In case of a vacancy in either of the offices, by death, x>r 
otherwise, the Governor, by and with the advice and consent of 
the Senate, shall fill such vacancy, by appointment to continue 
until another election, or a choice by the Legislature, as the case 
may be, and until the qualification of the successor. The Comp- 
troller and the Treasurer shall keep their offices at the seat of 
Government, and shall take such oath, and enter into such bonds 
for the faithful discharge of their duties as are now, or may here- 
after be, prescribed by Law. 

Sec. 2. The Comptroller shall have the general superintendence 
of the fiscal aff'airs of the State ; he shall digest and prepare plans 
for the improvement and management of the Revenue, and for 
the support of the Pul)lic Credit ; prepare and report estimates 
of the Revenue, and Expenditures of the State : superintend and 
enforce the prompt collection of all Taxes and Revenue ; adjust 
and settle, on terms, prescribed by Law, with delinquent Collect- 
ors and Receivers of taxes and State revenue •, preserve all Public 
Accounts ; decide on the forms of keeping and stating Accounts ; 
grant, under regulations, prescribed by LaAV, all warrants for 
money to be paid out of the Treasury, in pursuance of appropri- 
ations by Law ; and countersign all checks draAvn by the Treas- 
urer upon any Bank or Banks, in which the moneys of the State 



CONSTITUTION OF MARYLAND. 197 

may, from time to time, be deposited ; prescribe the formalities of 
the transfer of stock, or other evidence of the State Debt, and 
countersign the same, without which, such Evidence shall not be 
valid ; he shall make to the General Assembly full Reports of all 
his proceedings, and of the state of the Treasury Department, 
within ten days after the commencement of each Session 5 and 
perform such other duties as shall be prescribed by Law. 

Sec. 3. The Treasurer shall receive the moneys of the State, 
and, until otherwise prescribed by Law, deposit them, as soon as 
received, to the credit of the State, in such Bank, or Banks, as he 
may, from time to time, with the approval of the Governor, select, 
(the said Bank or Banks giving security, satisftictory to the Gov- 
ernor, for the safe keeping and forthcoming, when required, of 
said Deposits,) and shall disburse the same for the purposes of the 
State, according to Law, upon warrants drawn by the Comptroller, 
and on checks, countersigned by him, and not otherwise ; he shall 
take receipts for all moneys paid by him •, and receipts for moneys 
received by him shall be endorsed upon warrants, signed by the 
Comptroller ; without which warrants, so signed, no acknowledg- 
ment of money received into the Treasury shall be valid 5 and 
upon warrants, issued by the Comptroller, he shall make arrange- 
ments for the payment of the interest of the Public Debt, and for 
the purchase thereof on account of the Sinking Fund. Every 
Bond, Certificate, or other Evidence of the debt of the State, shall 
be signed by the Treasurer, and countersigned by the Comptroller ; 
and no new Certificate, or other Evidence intended to replace an- 
other, shall be issued until the old one shall be delivered to the 
Treasurer, and authority executed in due form for the transfer of 
the same filed in his office, and the transfer accordingly made on 
the books thereof, and the certificate or other evidence cancelled ; 
but the Legislature may make provisions for the loss of certificates, 
or other evidences of the del)t ; and may prescribe by Law, the 
manner in which the Treasurer shall receive and keep the moneys 
of the State. 

Sec. 4. The Treasurer shall render his Accounts, quarterly, to 
the Comptroller ; and shall publish, monthly, in such newspapers 
as the Governor may direct, an abstract thereof, showing the 
amount of cash on hand, and the place, or places of deposit 



198 CONSTITUTION OF MARYLAND. 

thereof; and on the third day of each reguhxr session of the 
Legislature, he shall submit to the Senate and House of Dele- 
gates fair and accurate copies of all Accounts by him, from time 
to time, rendered and settled with the Comptroller. He shall, at 
all times, submit to the Comptroller the inspection of the money 
in his hands, and perform all other duties that shall be prescribed 
by Law. 

Sec. 5. The Comptroller shall qualify, and enter on the duties 
of his office on the third Monday of January next succeeding the 
time of his election, or as soon thereafter as practicable. And the 
Treasurer shall qualify within one month after his appointment 
by the Legislature. 

Sec. 6. Whenever during the recess of the Legislature charges 
shall be preferred to the Governor against the Comptroller or 
Treasurer, for incompetency, malfeasance in office, wilful neglect 
of duty, or misappropriation of the funds of the State, it shall be 
the duty of the Governor forthwith to notify the party so charged, 
and fix a day for a hearing of said charges ; and if, from the evi- 
dence taken under oath, on said hearing before the Governor, the 
said allegations shall be sustained, it shall be the duty of the 
Governor to remove said offending officer, and appoint another in 
his place, who shall hold the office for the unexpired term of the 
officer so removed. 



ARTICLE VII. 

SUNDRY OFFICERS. 



Section 1. County Commissioners shall be elected on general 
ticket of each- County, by the qualified voters of the several 
Counties of this State, on the Tuesday next after the first Monday 
in the month of November, eighteen hundred and sixty-seven, 
and on the same day in every second year thereafter. Their num- 
ber in each County, their compensation, powers and duties, shall 
be such as are now, or may be hereafter prescribed by Law. 
. Sec. 2. The qualified voters of each County, and of the City 
of Baltimore, shall, on the Tuesday next after the first Monday 
in the month of November, in the year eighteen hundred and 



CONSTITUTION OF MARYLAND. 199 

sixty-seven, and on the same day in every second year thereafter, 
elect a Surveyor for each County and the City of Baltimore, re- 
spectively, wdiose term of office shall commence on the first Mon- 
day of January next ensuino; their election ; and whose duties and 
compensation shall be the same as are now, or may hereafter be 
prescribed by Law. And any vacancy in the office of Surveyor, 
shall be tilled by the Commissioners of the Counties, or by -the 
Mayor and City Council of Baltimore, respectively, for the residue 
of the term. 

Sec. 3. The State Librarian shall be appointed by the Governor, 
by and with the advice and consent of the Senate, and shall hold 
his office during the term of the Governor, by whom he shall have 
been appointed, and until his successor shall be appointed and 
qualified. His salary shall be Fifteen hundred dollars a year ; 
and he shall perform such duties as are now, or may hereafter be 
prescribed by Law ; and no appropriation shall be made by Law, 
to pay for any Clerk, or assistant to the Librarian: And it shall 
be the duty of the Legislature, at its first Session after the adop- 
tion of this Constitution, to pass a Law regulating the mode and 
manner in which the Books in the Library shall be kept and ac- 
counted for by the Librarian, and requiring the Librarian to 
give a Bond, in such penalty as the Legislature may prescribe, 
for the proper discharge of his duties. 

Sec. 4. There shall be a Commissioner of the Land Office, who 
shall be appointed by the Governor, by and with the advice and 
consent of the Senate, who shall hold his office during the term of 
the Governor, by whom he shall have been appointed, and until 
his successor shall be appointed and qualified. lie shall perform 
such duties as are now required of the Commissioner of the Land 
Office, or such as may hereafter be prescribed by Law, and shall 
also be the Keeper of the Chancery Records. He shall receive a 
salary of One Thousand five hundred dollars per annum, to be 
paid out of the Treasury, and shall charge such fees as are now, 
or may be hereafter fixed by Law. He shall make a semi-annual 
report of all the fees of his office, Ijoth as Commissioner of the 
Land Office, and as Keeper of the Chancery Records, to the Comp- 
troller of the Trc^asury, and shall pay the same semi-annually 
into the Treasury. 



200 CONSTITUTION OF MARYLAND. 

Sec. 5. The Commissioner of the Land Office shall also, without 
additional compensation, collect, arrange, classify, have charge of, 
and safely keep all Papers, Records, Relics, and other Memorials 
connected with the Early History of Maryland, not belonging to 
any other office. 

Sec. 6. The qualified voters of Worcester County shall, on the 
Tuesday next after the first Monday in the month of November 
in the year Eighteen Hundred and Sixty-seven, and every two 
years thereafter, elect a Wreck Master for said County, whose 
duties and compensation shall be the same as are now, or may be 
hereafter, prescribed by Law ; the term of office of said AVreck 
Master shall commence on the first Monday of January, next 
succeeding his election, and a vacancy in said office shall be filled 
by the County Commissioners of said County for the residue of 
the term. 



ARTICLE VIII. 

EDUCATION. 



Section 1. The General Assembly, at its First Session after the 
adoption of this Constitution, shall by Law establish throughout 
the State a thorough and efficient System of Free Public Schools ; 
and shall provide by taxation, or otherwise, for their maintenance. 

Sec. 2. The vSystem of Public Schools, as now constituted, shall 
remain in force until the end of the said First Session of the Gen- 
eral Assembly, and shall then expire ; except so far as adopted, 
or continued, by the General Assembly. 

Sec. 3. The School Fund of the State shall be kept inviolate, 
and appropriated only to the purposes of Education. 



ARTICLE IX. 

MILITIA AND MILITARY AFFAIRS. 

Section 1. The General Assembly shall make, from time to 
time, such provision for organizing, equipping and disciplining 
the Militia, as the exigency may require, and pass such Laws to 



CONSTITUTION OF MARYLAND. 201 

promote Volunteer Militia Organizations as may afford them 
effectual encouragement. 

Sec. 2. There shall be an Adjutant-General, appointed by the 
Governor, by and with the advice and consent of the Senate. He 
shall hold his office until the appointment and qualification of his 
successor, or until removed in pursuance of the sentence of a 
Court Martial. He shall perform such duties, and receive such 
compensation, or emoluments, as are now, or may be prescribed 
by Law. He shall discharge the duties of his office at the seat of 
Government, unless absent, under orders, on duty ; and no other 
officer of the General Staff of the Militia shall receive salary or 
pay, except when on service, and mustered in with troops. 

Sec. 3. The existing Militia Law of the State shall expire at 
the end of the next Session of the General Assembly, except so 
far as it may be re-enacted, subject to the provisions of this 
Article. 

ARTICLE X. 

LABOR AND AGRICULTURE. 

Section 1. There shall be a Superintendent of Labor and Agri- 
culture, elected by the qualified voters of this State at the first 
general election for Delegates to the General Assembly after the 
adoption of this Constitution, who shall hold his office for the term 
of four years, and until the election and qualification of his suc- 
cessor. 

Sec. 2. His qualifications shall be the same as those prescribed 
for the Comptroller ; he shall qualify and enter upon the duties 
of his office on the second Monday of January next, succeeding 
the time of his election ; and a vacancy in the office shall be filled 
by the Governor for the residue of the term. 

Sec. 3. He shall perform such of the duties now devolved by 
Law upon the Commissioner of Immigration, and the Immigra- 
tion Agent, as will promote the object, for Avhich those officers 
were appointed, and such other duties as may be assigned to him 
by the General Assembly, and shall receive a salary of Twenty- 
five Hundred dollars a year; and after his election and qualifica- 
tion, the offices before mentioned shall cease. 



202 CONSTITUTION OF MARYLAND. 

Sec. 4. lie shall supervise all the State Inspectors of agricul- 
tural products and fertilizers ; and from time to time, shall care- 
fully examine and audit their accounts, and prescribe regulations, 
not inconsistent with Law, tending to secure economy and effi- 
ciency in the business of their offices. lie shall have the super- 
vision of the Tobacco Warehouses, and all other buildings used 
for inspection and storage purposes by the State ; and may, at 
the discretion of the Legislature, have the supervision of all pub- 
lic buildings, now belonging to, or which may hereafter be erected 
by the State. He shall frequently inspect such buildings as are 
committed to his charge, and examine all accounts for labor and 
materials required for their construction, or repairs. 

Sec. 5. H3 shall inquire into the undeveloped resources of 
wealth of the State of Maryland more especially concerning those 
within the limits of the Chesapeake Bay and its tributaries, which 
belong to the State, and suggest such plans as may be calculated 
to render them available as sources of revenue. 

Sec. 6. He shall make detailed reports to every General Assem- 
bly within the first week of its session, in reference to each of the 
subjects committed to his charge, and he shall also report to the 
Governor, in the recess of the Legislature, all abuses, or irregu- 
larities, which he may find to exist in any Department of public 
affairs, with which his office is connected. 

Sec. 7. The office hereby established shall continue for four 
years from the date of the qualification of the first incumbent 
thereof ; and shall then expire, unless continued by the General 
Assembly. 

ARTICLE XI. 

CITY OF BALTIMORE. 

Section 1. The Inhabitants of the City of Baltimore, qualified 
by Law to vote in said city for members of the House of Dele- 
gates, shall on the fourth Wednesday of October, eighteen hun- 
dred and sixty-seven, and on the same day in every fourth year 
thereafter, elect a person to be Mayor of the City of Baltimore, 
who shall have such qualifications, receive such compensation, 
discharge such duties, and have such powers as are now, or may 



CONSTITUTION OF MARYLAND. 203 

hereafter be prescribed by Law 5 and the term of whose office 
shall commence on the first Monday of November succeeding his 
election, and shall continue for four years, and until his successor 
shall have qualified ; and he shall be ineligible for the term next 
succeeding that for which he was elected. 

Sec. 2. The City Council of Baltimore shall consist of Two 
Branches, one of which shall be called the First Branch, and the 
other the Second Branch ; and each shall consist of such number 
of members, having such qualification, receiving such compensa- 
tion, performing such duties, possessing such powers, holding such 
terms of office, and elected in such manner, as are now, or may 
hereafter be prescribed by Law. 

Sec. 3. An election for members of the First and Second 
Branch of the City Council of Baltimore shall be held in the 
City of Baltimore on the fourth AVednesday of October, eighteen 
hundred and sixty-seven ; and for members of the First Branch 
on the same day in every year thereafter ; and for members of the 
Second Branch on the same day in every second year thereafter ; 
and the qualification for electors of the members of the City 
Council shall be the same as those prescribed for the electors of 
Mayor. 

Sec. 4. The regular sessions of the City Council of Baltimore, 
(which shall be annual,) shall commence on the third Monday of 
January of each year, and shall not continue more than ninety 
days, exclusive of Sundays ; but the Mayor may convene the 
City Council in extra session whenever, and as often as it may 
appear to him that the public good may require ; but no called, or 
extra session shall last longer than twenty days, exclusive of 
Sundays. 

Sec. 5. No person, elected and qualified as Mayor, or as a mem- 
ber of the City Council, shall, during the term for which he was 
elected, hold any other office of profit or trust, created, or to be 
created, by the Mayor and City Council of Baltimore, or l)y any 
Law relating to the Corporation of Baltimore, or hold any em- 
ployment, or position, the compensation of which shall be paid, 
directly or indirectly, out of the City Treasury ; nor shall any 
such person be interested, directly or indirectly, in any contract, 
to which the City is a party; nor shall it be lawful for any per- 



204 CONSTITUTION OF MARYLAND. 

son, holding any office, under the City, to be interested, while 
holding such office, in any contract, to which the City is a party. 

Sec. 6. The Mayor shall, on conviction in a Court of Law, 
of wilful neglect of duty, or misbehavior in office, be removed 
from office by the Governor of the State, and a successor shall 
thereafter be elected, as in a case of vacancy. 

Sec. 7. From and after the adoption of this Constitution, no 
debt (except as hereinafter excepted) shall be created by the 
Mayor and City Council of Baltimore ; nor shall the credit of the 
Mayor and City Council of Baltimore be given, or loaned to, or 
in aid of any individual, association, or corporation ; nor shall the 
Mayor and City Council of Baltimore have the power to involve 
the City of Baltimore in the constructii^n of AVorks of Internal 
Improvement, nor in granting any aid thereto, which shall involve 
the faith and credit of the City, nor make any appropriation 
therefor, unless such debt, or credit be authorized by an Act of 
the General Assembly of Maryland, and by an Ordinance of the 
Mayor and City Council of Baltimore, submitted to the legal 
voters of the City of Baltimore at such time and place as may be 
fixed by said Ordinance, and approved by a majority of the votes 
cast at such time and place ; but the Mayor and City Council may, 
temporarily, borrow any amount of money to meet any deficiency 
in the City Treasury, or to provide for any emergency arising 
from the necessity of maintaining the Police, or preserving the 
safety and sanitary condition of the City, and may make due and 
proper arrangements and agreements for the removal and exten- 
sion, in whole or in part, of any and all debts and obligations, 
created according to Law before the adoption of this Constitution. 

Sec. 8. All Laws and Ordinances, now in force, applicable to 
the City of Baltimore, not inconsistent with this Article, shall be, 
and they are hereby continued until changed in due course of 
Law. 

Sec. 9. The General Assembly may make such changes in this 
Article, except in Section seventh thereof, as it may deem best ; 
and this Article shall not be so construed, or taken as to make 
the political Corporation of Baltimore independent, of, or free 
from the control, which the General Assembly of Maryland has 
over all such Corporations in this State. 



CONSTITUTION OF MARYLAND. 205 

ARTICLE XII. 

PUBLIC WORKS. 

Section 1. The Governor, the Comptroller of the Treasury, 
and the Treasurer, shall constitute the Board of Public Works 
in this State. They shall keep a journal of their proceedings, 
and shall hold regular sessions in the City of Annapolis, on the 
first Wednesday in January, April, July and October, in each 
year, and oftener, if necessary ; at which sessions they shall hear 
and determine such matters as affect the Pa])lic Works of the 
State, and as the General Assembly may confer upon them the 
power to decide. 

Sec. 2. They shall exercise a diligent and faithful supervision 
of all Public Works in which the State may be interested as 
Stockholder or Creditor, and shall represent, and vote the stock 
of the State of Maryland, in all meetings of the stockholders of 
the Chesapeake and Ohio Canal ; and shall appoint the Directors 
in every Railroad and Canal Company, in which the State has the 
legal power to appoint Directors, which said Directors shall repre- 
sent the State in all meetings of the Stockholders of the respective 
Companies, for which they are appointed or elected. And the 
President and Directors of the said Chesapeake and Ohio Canal 
Company shall so regulate the tolls of said Company, from time 
to time, as to produce the largest amount of revenue, and to avoid 
the injurious effects to said Company of rival competition by other 
Internal Improvement Companies. They shall require the Di- 
rectors of all said Public Works to guard the public interest, and 
prevent the establishment of tolls which shall discriminate against 
the interest of the citizens or products of this State, and from 
time to time, and as often as there shall be any change in the rates 
of toll on any of the said Works, to furnish the said Board of 
Public Works a schedule of such modified rates of toll, and so 
adjust them as to promote the agricultural interests of the State ; 
they shall report to the General Assembly at each regular session, 
and recommend such legislation as they may deem necessary and 
requisite to promote or protect the interests of the State in the 
said Public Works ; they shall perform such other duties as may 
be hereafter prescribed ])y Law •, an<l a majority of them shall be 



206 CONSTITUTION OF MARYLAND. 

competent to act. The Governor, Comptroller and Treasurer shall 
receive no additional salary for services rendered by them as 
members of the Board of Public Works. The provisions of the 
Act of the General Assembly of Maryland of the year 1867, 
chapter 359, are hereby declared null and void. 

Sec. 3. The Board of Public Works is hereby authorized to ex- 
change the State's interest as Stockholder and Creditor in the 
Baltimore and Ohio Railroad Company for an equal amount of 
the bonds or registered debt now owing by the State, to the extent 
only of all the preferred stock of the State on which the State is 
entitled to only six per cent, interest, provided such exchange 
shall not be made at less than par, nor less than the market value 
of said stock ; and the said Board is authorized, subject to such 
regulations and conditions as the General Assembly may from 
time to time prescribe, to sell the State's interest in the other 
Works of internal Improvement, whether as a Stockholder or a 
Creditor, and also the State's interest in any banking corporation, 
receiving in payment the bonds and registered debt now owing by 
the State, equal in amount to the price obtained for the State's 
said interest ; provided, that the interest of the State in the Wash- 
ington Branch of the Baltimore and Ohio Railroad be reserved 
and excepted from sale ; and provided further, that no sale or con- 
tract of sale of the State's interest in the Chesapeake and Ohio 
Canal, the Chesapeake and Delaware Canal, and the Susquehanna 
and Tide-water Canal Companies shall go into effect until the 
same shall be ratified by the ensuing General Assembly. 



ARTICLE XIII. 

NEW COUNTIES. 



Section 1. The General Assembly may provide, by Law, for 
organizing new Counties, locating and removing county seats, and 
changing county lines, but no new county shall be organized with- 
out the consent of the majority of th'^ legal voters residing within 
the limits proposed to be formed into said ncAV county; and when- 
ever a new county shall be proposed to be formed out of portions 



CONSTITUTION OF MARYLAND. 207 

of two or more Counties, the consent of a majority of the legal 
voters of such part of each of said counties, respectively, shall be 
required ; nor shall the lines of any county be changed without 
the consent of a majority of the legal voters, residing within the 
district, which, under said proposed change, would form a part 
of a county different from that to which it belonged prior to said 
change ; and no new county shall contain less than four hundred 
square miles, nor less than ten thousand white Inhabitants 5 nor 
shall any change be made in the limits of any county, whereby 
the population of said county would be reduced to less than ten 
thousand white Inhabitants, or its territory reduced to less than 
four hundred square miles. 

Sec. 2. At the election to be held for the adoption, or rejection 
of this Constitution, in each Election District, in those parts of 
Worcester and Somerset Counties, comprised w^ithin the following 
limits, viz.: Beginning at the point, where Mason and Dixon's 
line crosses the channel of Pocomoke River, thence following said 
line to the channel of the Nanticoke River, thence with the chan- 
nel of said river to Tangier Sound, or the intersection of Nanti- 
coke and Wicomico Rivers, thence up the channel of the Wico- 
mico River to the mouth of Wicomico Creek, thence with the 
channel of said creek and Passerdyke Creek to Dashield's, or 
Disharoon's Mills, thence with the mill-pond of said mills and 
Branch following the middle prong of said Branch, to Meadow 
Bridge, on the road, dividing the Counties of Somerset and Wor- 
cester, near the southwest corner of the farm of William P. Mor- 
ris, thence due east to the Pocomoke River, thence with the chan- 
nel of said river to the beginning, the Judges of election, in each 
of said Districts, shall receive the ballots of each elector, voting 
at said election, who has resided for six months, preceding said 
election within said limits, for or against a new County 5 and the 
Return Judges of said Election Districts shall certify the result 
of such voting, in the manner, now prescribed by Law, to the 
Governor, who shall by Proclamation make known the same; and 
if a majority of the legal votes, cast within that part of Worcester 
County, contained Avithin said lines, and also a majority of the 
legal votes cast within that part of Somerset County, contained 
within said lines, shall be in favor of a new County, then said 



208 CONSTITUTION OF MARYLAND. 

parts of Worcester and Somerset Counties shall become and con- 
stitute a new County, to -be called AVicomico County ; and Salis- 
bury shall be the County Seat. And the Inhabitants thereof 
shall thenceforth have and enjoy all such rights and privileges as 
are held and enjoyed by the Inhabitants of the other Counties of 
this State. 

Sec. 3. A¥hen said new County shall have been so created, the 
Inhabitants thereof shall cease to have any claim to, or interest 
in the county buildings, and other public property of every de- 
scription, belonging to said Counties of Somerset and Worcester, 
respectively, and shall be liable for their proportionate shares of 
the then existing debts and obligations of the said Counties, ac- 
cording to the last assessment in said Counties, to be ascertained 
and apportioned by the Circuit Court of Somerset County, as to 
the debts and obligations of said County, and by the Circuit 
Court of Worcester County, as to the debts and obligations of 
Worcester County, on the petition of the County Commissioners 
of the said Counties, respectively ; and the property in each part 
of the said Counties, included in said new County, shall be bound 
only for the share of the debts and obligations of the county from 
which it shall be separated ; and the Inhabitants of said new 
county shall also pay the County taxes, levied upon them at the 
time of the creation of such new County, as if such new County 
had not been created ; and on the application of twelve citizens 
of the proposed county of Wicomico, the Surveyor of Worcester 
County shall run and locate the line from Meadow Bridge to the 
Pocomoke River, previous to the adoption, or rejection of this 
Constitution, and at the expense of said petitioners. 

Sec. 4. At the first general election, held under this Constitu- 
tion, the qualified voters of said new County shall be entitled to 
elect a Senator, and two Delegates to the General Assembly, and 
all such County, or other officers as this Constitution may author- 
ize, or require to be elected by other Counties of the State ; a 
notice of such election shall be given by the Sheriffs of Worcester 
and Somerset Counties in the manner now prescribed by Law ; 
and in case said new County shall be esta1)lished, as aforesaid, 
then the Counties of Somerset and Worcester shall be entitled to 
elect but two Delegates each to the General Assembly. 



CONSTITUTION OF MARYLAND. 209 

Sec. 5. The County of Wicomico, if formed according to the 
provisions of this Constitution, shall be embraced in the First Ju- 
dicial Circuit ; and the times for holding the Courts therein shall 
be fixed and determined by the General Assembly. 

Sec. 6. The General Assembly shall pass all such Laws as may 
be necessary more fully to carry into effect the provisions of this 
Article. 

ARTICLE XIV. 

AMENDMENTS TO THE CONSTITUTION. 

Sectiox 1. The General Asseml)ly may propose Amendments 
to this Constitution ; provided, that each Amendment shall be 
embraced in a separate Bill, embodying the Article or Section, as 
the same will stand when amended and passed by three-fifths of 
all the members elected to each of the two Houses, by yeas and 
nays, to be entered on the Journals with the proposed Amend- 
ment. The Bill, or Bills, proposing amendment, or amendments, 
shall be published by order of the Governor, in at least two news- 
papers in each county, where so many may be published, and 
where not more than one may be pul)lished, then in that news- 
paper, and in three newspapers published in the City of Balti- 
more, one of which shall be in the German language, once a 
week, for at least three months preceding the next ensuing gen- 
eral election, at which the said proposed amendment, or amend- 
ments shall be submitted, in a form to be prescribed by the Gen- 
eral Assembly, to the qualified voters of the State for adoption or 
rejection. The votes cast for and against said proposed amend- 
ment, or amendments, severally, shall be returned to the Governor, 
in the manner prescribed in other cases, and if it shall appear to 
the Governor that a majority of the votes cast at said election on 
said amendment, or amendments, severally, were cast in favor 
thereof, the Governor shall, by his Proclamation, declare the said 
amendment, or amendments, having received said majority of 
votes, to have been adopted by the People of Maryland as part 
of the Constitution thereof, and thenceforth said amendment, or 
amendments shall be part of the said Constitution. AVhen two 
or more amendments shall be submitted, in manner aforesaid, to 
14 



210 CONSTITUTION OF MARYLAND. 

the voters of this State at the same election, they shall be so sub- 
mitted as that each amendment shall be voted on separately. 

Sec. 2. It shall be the duty of the General Assembly to provide 
by Law for taking, at the general election to be held in the year 
eighteen hundred and eighty-seven, and every twenty years there- 
after, the sense of the People in regard to calling a Convention 
for altering this Constitution ; and if a majority of voters at 
such election or elections shall vote for a Convention, the General 
Assembly, at its next session, shall provide by Law for the assem- 
bling of such Convention, and for the election of Delegates there- 
to. Each County, and Legislative District of the City of Balti- 
more, shall have in such Convention a number of Delegates equal 
to its representation in both Houses at the time at which the Con- 
vention is called. But any Constitution, or change, or amendment 
of the existing Constitution, M'hich may be adopted by such Con- 
vention, shall be submitted to the voters of this State, and shall 
have no effect unless the same shall have been adopted by a ma- 
jority of the voters voting thereon. 



MISCELLANEOUS. 

ARTICLE XV. 

Section 1 . Every person holding any office created by, or ex- 
isting under the Constitution, or Lhavs of the State, (except Jus- 
tices of the Peace, Constables and Coroners,) or holding any 
appointment under any Court of this State, whose pay, or com- 
pensation is derived from fees, or moneys coming into his hands 
for the discharge of his official duties, or, in any way, growing 
out of, or connected with his office, shall keep a book in Avhich 
shall be entered every sum, or sums of money, received by him, 
or on his account, as a payment or compensation for hi^ perform- 
ance of official duties, a copy of Avhich entries in said book, veri- 
fied by the oath of the officer, by whom it is directed to be kept, 
shall be returned yearly to the Comptroller of the State for his 
inspection, and that of the General Asscml)ly of the State, to 
which the Comptroller shall, at each regular session thereof, make 



CONSTITUTION OF MARYLAND. 211 

a report showing what officers have complied with this Section ; 
and each of the said officers, when the amount received by him 
for the year shall exceed the sum wliich he is by Law entitled to 
retain, as his salary, or compensation for the discharge of his 
duties, and for the expenses of his office, shall yearly pay over to 
the Treasurer of the State the amount of such excess, subject to 
such disposition thereof as the General Assembly may direct ; if 
any of such officers shall fail to comply with the requisitions of 
this Section for the period of thirty days after the expiration of 
each and every year of his office, such officer shall be deemed to 
have vacated his office, and the Governor shall declare the same 
vacant, and the vacancy therein shall be filled as in case of va- 
cancy for any other cause, and such officer shall be subject to suit 
by the State for the amount that ought to be paid into the Treas- 
ury 5 and no person holding any office created by, or existing 
under this Constitution, or Laws of the State, or holding any ap- 
pointment, under any Court in this State, shall receive more than 
three thousand dollars a year as a compensation for the discharge 
of his official duties, except in cases specially provided in this 
Constitution. 

Sec. 2. The several Courts existing in this State at the time of 
the adoption of this Constitution, shall, until superseded under its 
provisions, continue with like powers and jurisdiction, and in the 
exercise thereof, both at Law and in Equity, in all respects, as if 
this Constitution had not been adopted ; and when said Courts 
shall be so superseded, all causes, then depending in said Courts, 
shall pass into the jurisdiction of the several Courts, by which 
they may, \J>e] respectively, superseded. 

Sec. 3. The Governor, and all officers, civil and military, now 
holding office under this State, whether by election, or appoint- 
ment, shall continue to hold, exercise and discharge the duties of 
their offices (unless inconsistent with, or 'otherwise provided in 
this Constitution), until they shall be superseded, under its pro- 
visions, and until their successors shall be duly qualified. 

Sec. 4. If at any election directed by this Constitution, any two 
or more candidates shall have the highest and an equal number 
of votes, a new election shall Ix; ordered by the Governor, except 
in cases specially provided for by this Constitution. 



^ 



212 CONSTITUTION OF MARYLAND. 

Sec. 5. In the trial of all criminal cases, the Jury shall be the 
Judges of Law, as well as of fact. 

Sec. 6. The right of trial by Jury of all issues of fact in civil 
proceedings in the several Courts of Law in this State, where the 
amount in controversy exceeds the sum of five dollars, shall be 
inviolably preserved. 

Sec. 7. All general elections in this State shall be held on the 
Tuesday next after the first Monday in the month of November, 
in the year in which they shall occur •, and the first election of all 
officers, who, under this Constitution, are required to be elected 
by the People, shall, except in cases herein specially provided for, 
be held on the Tuesday next after the first Monday of November, 
in the year eighteen hundred and sixty-seven. 

Sec. 8. The Sheriff's of the several Counties of this State, and 
of the City of Baltimore, shall give notice of the several elections 
authorized by this Constitution, in the manner prescribed by ex- 
isting Laws for elections to be held in this State, until said Laws 
shall be changed. 

' Sec. 9, The Term of office of all Judges and other officers, for 
whose election provision is made by this Constitution, shall, ex- 
cept in cases otherwise expressly provided herein, commence from 
the time of their Election ; and all such officers shall qualify as 
soon after their election as practicable, and shall enter upon the 
duties of their respective offices, immediately upon their qualifica- 
tion ; and the Term of office of the State Librarian and of the 
Commissioner of the Land Office shall commence from the time 
of their appointment. 

Sec. 10. Any officer elected or appointed in pursuance of the 
provisions of this Constitution, may qualify, either according to 
the existing provisions of Law, in relation to officers under the 
present Constitution, or before the Governor of the State, or 
before any Clerk of any Court of Record in any part of the State 5 
but in case an officer shall qualify out of the County in which he 
resides, an official copy of his oath shall be filed and recorded in 
the Clerk's office of the Circuit Court of the County in which he 
may reside, or in the (^lerk\s office of the Superior Court of the 
City of Baltimore, if he shall reside therein. 



